{"id":"qld:sl-2019-0168","name":"Uniform Civil Procedure (Fees) Regulation 2019","slug":"uniform-civil-procedure-fees-regulation-2019","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"168 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174031,"registerId":"qld-sl-2019-0168-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Uniform Civil Procedure (Fees) Regulation 2019 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule&#160;4 defines particular words used in this regulation.","sortOrder":2},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.2A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section&#160;48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or\nif the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns&#160;2A ins 2022 SL&#160;No.&#160;79 s&#160;170\n(sec.2A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.2A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section&#160;48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55. s&#160;2A ins 2022 SL&#160;No.&#160;79 s&#160;170\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (c) if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or\n- (d) if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Court fees","content":"# Court fees","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Supreme Court and District Court","content":"## Supreme Court and District Court","sortOrder":5},{"sectionNumber":"sec.3","sectionType":"section","heading":"Fees for Supreme Court and District Court generally","content":"### sec.3 Fees for Supreme Court and District Court generally\n\nThis part (other than divisions&#160;2 and 3 ) and schedules&#160;1 and 2A apply for the Supreme Court and the District Court and set out fees payable in relation to proceedings in the Supreme Court and the District Court.\nSee division&#160;2A , subdivision&#160;2 for working out the amount of particular fees in relation to service and enforcement.\nNeither schedule&#160;1 nor 2A applies in relation to, or affects, fees or percentages directed to be taken or paid by an Act for which no fee or percentage is stated in the schedule.\nA registrar, enforcement officer, marshal or marshal’s officer need not pay a fee mentioned in schedule&#160;1 or 2A .\nTo remove any doubt, it is declared that for applying this part (other than divisions&#160;2 , 2A and 3 ) and schedule&#160;1 , a liquidator, receiver, administrator or other person acting for, or on behalf of, a corporation in a proceeding must pay the fee payable by a corporation.\nFor the District Court of Queensland Act 1967 , section&#160;45 (1) , the fees under schedule&#160;2A , other than item 5, are prescribed as bailiffs’ fees.\nHowever, for a bailiff employed as a public service officer on a full-time or part-time basis, a fee mentioned in subsection&#160;(5) is prescribed as a bailiff’s fee only to the extent the function to which the fee relates is performed by the bailiff outside the bailiff’s normal working hours.\nTo remove any doubt, it is declared that subsection&#160;(6) does not affect the amount payable by the person for whom the function is performed.\ns&#160;3 sub 2025 SL&#160;No.&#160;57 s&#160;4\n(sec.3-ssec.1) This part (other than divisions&#160;2 and 3 ) and schedules&#160;1 and 2A apply for the Supreme Court and the District Court and set out fees payable in relation to proceedings in the Supreme Court and the District Court. See division&#160;2A , subdivision&#160;2 for working out the amount of particular fees in relation to service and enforcement.\n(sec.3-ssec.2) Neither schedule&#160;1 nor 2A applies in relation to, or affects, fees or percentages directed to be taken or paid by an Act for which no fee or percentage is stated in the schedule.\n(sec.3-ssec.3) A registrar, enforcement officer, marshal or marshal’s officer need not pay a fee mentioned in schedule&#160;1 or 2A .\n(sec.3-ssec.4) To remove any doubt, it is declared that for applying this part (other than divisions&#160;2 , 2A and 3 ) and schedule&#160;1 , a liquidator, receiver, administrator or other person acting for, or on behalf of, a corporation in a proceeding must pay the fee payable by a corporation.\n(sec.3-ssec.5) For the District Court of Queensland Act 1967 , section&#160;45 (1) , the fees under schedule&#160;2A , other than item 5, are prescribed as bailiffs’ fees.\n(sec.3-ssec.6) However, for a bailiff employed as a public service officer on a full-time or part-time basis, a fee mentioned in subsection&#160;(5) is prescribed as a bailiff’s fee only to the extent the function to which the fee relates is performed by the bailiff outside the bailiff’s normal working hours.\n(sec.3-ssec.7) To remove any doubt, it is declared that subsection&#160;(6) does not affect the amount payable by the person for whom the function is performed.","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Setting down fee and hearing fee","content":"### sec.4 Setting down fee and hearing fee\n\nA setting down fee and hearing fee are payable for a hearing or trial of a proceeding under this section, unless—\nthe hearing or trial is set down for 1 day or less; or\nthe hearing relates to an interlocutory application.\nUnless a court on application by a party to the proceeding orders otherwise, the fees are payable by—\nfor a claim for which a request for trial date is filed under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;467 —the plaintiff; or\nfor an application that is an originating process—the applicant; or\nfor an appeal to the Court of Appeal—the appellant; or\nfor an appeal to the District Court for which a certificate of readiness is filed under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;790 —the appellant.\nHowever, another person may pay the fees without affecting the power of the court to make an order for costs in relation to the fees.\nThe fees must be paid—\nfor a proceeding mentioned in subsection&#160;(2) (a) or (d) —when the request for trial date or certificate of readiness is filed; or\nfor a proceeding mentioned in subsection&#160;(2) (b) or (c) —by the earlier of the following—\nthe day that is 10 business days after a registrar sets a date for the hearing or trial of the proceeding or adds the appeal to a list of appeals under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;790 (4) ;\n9.30a.m. on the first day set for the hearing or trial of the proceeding.\nIf additional hearing or trial dates are set for the proceeding, a hearing fee for the additional hearing or trial dates is payable by the earlier of the following—\nthe day that is 10 business days after the additional hearing or trial dates are set;\n9.30a.m. on the first day set for the additional hearing or trial dates.\n(sec.4-ssec.1) A setting down fee and hearing fee are payable for a hearing or trial of a proceeding under this section, unless— the hearing or trial is set down for 1 day or less; or the hearing relates to an interlocutory application.\n(sec.4-ssec.2) Unless a court on application by a party to the proceeding orders otherwise, the fees are payable by— for a claim for which a request for trial date is filed under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;467 —the plaintiff; or for an application that is an originating process—the applicant; or for an appeal to the Court of Appeal—the appellant; or for an appeal to the District Court for which a certificate of readiness is filed under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;790 —the appellant.\n(sec.4-ssec.3) However, another person may pay the fees without affecting the power of the court to make an order for costs in relation to the fees.\n(sec.4-ssec.4) The fees must be paid— for a proceeding mentioned in subsection&#160;(2) (a) or (d) —when the request for trial date or certificate of readiness is filed; or for a proceeding mentioned in subsection&#160;(2) (b) or (c) —by the earlier of the following— the day that is 10 business days after a registrar sets a date for the hearing or trial of the proceeding or adds the appeal to a list of appeals under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;790 (4) ; 9.30a.m. on the first day set for the hearing or trial of the proceeding.\n(sec.4-ssec.5) If additional hearing or trial dates are set for the proceeding, a hearing fee for the additional hearing or trial dates is payable by the earlier of the following— the day that is 10 business days after the additional hearing or trial dates are set; 9.30a.m. on the first day set for the additional hearing or trial dates.\n- (a) the hearing or trial is set down for 1 day or less; or\n- (b) the hearing relates to an interlocutory application.\n- (a) for a claim for which a request for trial date is filed under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;467 —the plaintiff; or\n- (b) for an application that is an originating process—the applicant; or\n- (c) for an appeal to the Court of Appeal—the appellant; or\n- (d) for an appeal to the District Court for which a certificate of readiness is filed under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;790 —the appellant.\n- (a) for a proceeding mentioned in subsection&#160;(2) (a) or (d) —when the request for trial date or certificate of readiness is filed; or\n- (b) for a proceeding mentioned in subsection&#160;(2) (b) or (c) —by the earlier of the following— (i) the day that is 10 business days after a registrar sets a date for the hearing or trial of the proceeding or adds the appeal to a list of appeals under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;790 (4) ; (ii) 9.30a.m. on the first day set for the hearing or trial of the proceeding.\n- (i) the day that is 10 business days after a registrar sets a date for the hearing or trial of the proceeding or adds the appeal to a list of appeals under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;790 (4) ;\n- (ii) 9.30a.m. on the first day set for the hearing or trial of the proceeding.\n- (i) the day that is 10 business days after a registrar sets a date for the hearing or trial of the proceeding or adds the appeal to a list of appeals under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;790 (4) ;\n- (ii) 9.30a.m. on the first day set for the hearing or trial of the proceeding.\n- (a) the day that is 10 business days after the additional hearing or trial dates are set;\n- (b) 9.30a.m. on the first day set for the additional hearing or trial dates.","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Non-payment of setting down fee and hearing fee","content":"### sec.5 Non-payment of setting down fee and hearing fee\n\nIf a party to a proceeding fails to pay the setting down fee or a hearing fee for the proceeding under section&#160;4 —\na registrar may list the matter of non-payment for hearing before the court and on hearing the matter the court may make an order or give the directions it considers appropriate about the matter; or\nthe court may order that a hearing or trial relating to the proceeding is not to take place except with the court’s leave; or\nthe court may vacate any hearing or trial date previously set for the proceeding.\nSubsection&#160;(1) does not limit the power of the court to make another order in relation to the proceeding.\n(sec.5-ssec.1) If a party to a proceeding fails to pay the setting down fee or a hearing fee for the proceeding under section&#160;4 — a registrar may list the matter of non-payment for hearing before the court and on hearing the matter the court may make an order or give the directions it considers appropriate about the matter; or the court may order that a hearing or trial relating to the proceeding is not to take place except with the court’s leave; or the court may vacate any hearing or trial date previously set for the proceeding.\n(sec.5-ssec.2) Subsection&#160;(1) does not limit the power of the court to make another order in relation to the proceeding.\n- (a) a registrar may list the matter of non-payment for hearing before the court and on hearing the matter the court may make an order or give the directions it considers appropriate about the matter; or\n- (b) the court may order that a hearing or trial relating to the proceeding is not to take place except with the court’s leave; or\n- (c) the court may vacate any hearing or trial date previously set for the proceeding.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Refund of setting down fee and hearing fee","content":"### sec.6 Refund of setting down fee and hearing fee\n\nA registrar must refund 75% of the setting down fee and hearing fee paid by a party to a proceeding if—\nthe party gives the registrar a request for refund of the fees in the approved form, at least 10 business days before the first day set for the hearing or trial of the proceeding, stating the hearing or trial will not happen; and\nthe hearing or trial of the proceeding does not happen.\n- (a) the party gives the registrar a request for refund of the fees in the approved form, at least 10 business days before the first day set for the hearing or trial of the proceeding, stating the hearing or trial will not happen; and\n- (b) the hearing or trial of the proceeding does not happen.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"General provisions","content":"### sec.7 General provisions\n\nA party to a proceeding may apply under section&#160;8 , 9 or 10 for an order that the party pay the reduced fee instead of 1 of the following fees for the proceeding (each a relevant fee )—\na fee mentioned in schedule&#160;1 , item 1 on filing a document starting the proceeding;\nfor a party other than a corporation—a fee mentioned in schedule&#160;1 , item 2 on filing a document starting the proceeding;\na setting down fee;\na hearing fee.\nHowever, a person may not make an application under section&#160;8 , 9 or 10 —\nfor a proceeding to which the Vexatious Proceedings Act 2005 , section&#160;10 (2) applies; or\nfor an application for leave under the Vexatious Proceedings Act 2005 , section&#160;11 , unless and until the leave is granted.\nIf an order made under section&#160;8 , 9 or 10 states the day by which the reduced fee must be paid, the reduced fee is payable on or before that day.\nIf an order is made under section&#160;8 , 9 or 10 for a party to a proceeding to pay the reduced fee instead of a fee mentioned in subsection&#160;(1) (a) or (b) for the proceeding, a setting down fee and hearing fee are not payable for the proceeding.\nAlso, if an order is made under section&#160;8 , 9 or 10 for a party to a proceeding to pay the reduced fee instead of the setting down fee for the proceeding, a hearing fee is not payable for the proceeding.\n(sec.7-ssec.1) A party to a proceeding may apply under section&#160;8 , 9 or 10 for an order that the party pay the reduced fee instead of 1 of the following fees for the proceeding (each a relevant fee )— a fee mentioned in schedule&#160;1 , item 1 on filing a document starting the proceeding; for a party other than a corporation—a fee mentioned in schedule&#160;1 , item 2 on filing a document starting the proceeding; a setting down fee; a hearing fee.\n(sec.7-ssec.2) However, a person may not make an application under section&#160;8 , 9 or 10 — for a proceeding to which the Vexatious Proceedings Act 2005 , section&#160;10 (2) applies; or for an application for leave under the Vexatious Proceedings Act 2005 , section&#160;11 , unless and until the leave is granted.\n(sec.7-ssec.3) If an order made under section&#160;8 , 9 or 10 states the day by which the reduced fee must be paid, the reduced fee is payable on or before that day.\n(sec.7-ssec.4) If an order is made under section&#160;8 , 9 or 10 for a party to a proceeding to pay the reduced fee instead of a fee mentioned in subsection&#160;(1) (a) or (b) for the proceeding, a setting down fee and hearing fee are not payable for the proceeding.\n(sec.7-ssec.5) Also, if an order is made under section&#160;8 , 9 or 10 for a party to a proceeding to pay the reduced fee instead of the setting down fee for the proceeding, a hearing fee is not payable for the proceeding.\n- (a) a fee mentioned in schedule&#160;1 , item 1 on filing a document starting the proceeding;\n- (b) for a party other than a corporation—a fee mentioned in schedule&#160;1 , item 2 on filing a document starting the proceeding;\n- (c) a setting down fee;\n- (d) a hearing fee.\n- (a) for a proceeding to which the Vexatious Proceedings Act 2005 , section&#160;10 (2) applies; or\n- (b) for an application for leave under the Vexatious Proceedings Act 2005 , section&#160;11 , unless and until the leave is granted.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Particular applications registrar must approve","content":"### sec.8 Particular applications registrar must approve\n\nThis section applies to a party to a proceeding who is an individual if the party—\nhas been given legal assistance under the Legal Aid Queensland Act 1997 for the proceeding; or\nhas been given aid or other legal assistance under the Public Trustee Act 1978 for the proceeding; or\nis the holder of—\na current health care card, pensioner concession card or seniors health card under the Social Security Act 1991 (Cwlth) ; or\nanother card issued by the Commonwealth that certifies the holder’s current entitlement to a Commonwealth health concession; or\nis receiving a youth allowance, an austudy payment or a benefit under the ABSTUDY scheme under the Social Security Act 1991 (Cwlth) .\nThe party may apply to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding.\nSee, however, section&#160;7 (2) .\nThe application must—\nbe in the approved form; and\nbe accompanied by proof of a matter mentioned in subsection&#160;(1) .\nOn receipt of an application made under this section, the registrar must, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding.\nThe order must state the day by which the reduced fee must be paid.\nSubsection&#160;(5) does not apply if the relevant fee has been paid before the order is made.\nFor refunds of excess amounts paid, see section&#160;12 .\nIn this section—\nholder , of a card, does not include a dependant of the person who is issued the card.\ns&#160;8 amd 2024 SL&#160;No.&#160;204 s&#160;3\n(sec.8-ssec.1) This section applies to a party to a proceeding who is an individual if the party— has been given legal assistance under the Legal Aid Queensland Act 1997 for the proceeding; or has been given aid or other legal assistance under the Public Trustee Act 1978 for the proceeding; or is the holder of— a current health care card, pensioner concession card or seniors health card under the Social Security Act 1991 (Cwlth) ; or another card issued by the Commonwealth that certifies the holder’s current entitlement to a Commonwealth health concession; or is receiving a youth allowance, an austudy payment or a benefit under the ABSTUDY scheme under the Social Security Act 1991 (Cwlth) .\n(sec.8-ssec.2) The party may apply to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding. See, however, section&#160;7 (2) .\n(sec.8-ssec.3) The application must— be in the approved form; and be accompanied by proof of a matter mentioned in subsection&#160;(1) .\n(sec.8-ssec.4) On receipt of an application made under this section, the registrar must, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding.\n(sec.8-ssec.5) The order must state the day by which the reduced fee must be paid.\n(sec.8-ssec.6) Subsection&#160;(5) does not apply if the relevant fee has been paid before the order is made. For refunds of excess amounts paid, see section&#160;12 .\n(sec.8-ssec.7) In this section— holder , of a card, does not include a dependant of the person who is issued the card.\n- (a) has been given legal assistance under the Legal Aid Queensland Act 1997 for the proceeding; or\n- (b) has been given aid or other legal assistance under the Public Trustee Act 1978 for the proceeding; or\n- (c) is the holder of— (i) a current health care card, pensioner concession card or seniors health card under the Social Security Act 1991 (Cwlth) ; or (ii) another card issued by the Commonwealth that certifies the holder’s current entitlement to a Commonwealth health concession; or\n- (i) a current health care card, pensioner concession card or seniors health card under the Social Security Act 1991 (Cwlth) ; or\n- (ii) another card issued by the Commonwealth that certifies the holder’s current entitlement to a Commonwealth health concession; or\n- (d) is receiving a youth allowance, an austudy payment or a benefit under the ABSTUDY scheme under the Social Security Act 1991 (Cwlth) .\n- (i) a current health care card, pensioner concession card or seniors health card under the Social Security Act 1991 (Cwlth) ; or\n- (ii) another card issued by the Commonwealth that certifies the holder’s current entitlement to a Commonwealth health concession; or\n- (a) be in the approved form; and\n- (b) be accompanied by proof of a matter mentioned in subsection&#160;(1) .","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Financial hardship","content":"### sec.9 Financial hardship\n\nThis section applies to a party to a proceeding who is an individual if the party has not made an application under section&#160;8 .\nThe party may apply in the approved form to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding on the ground of financial hardship.\nSee, however, section&#160;7 (2) .\nAny information or documents included in the approved form, or attached to or given with the approved form, in support of the party’s application must be verified by statutory declaration.\nIn considering the application, the registrar must have regard to the party’s income, day-to-day living expenses, bank balances and cash on hand.\nIf the registrar reasonably believes there is a ground of financial hardship, the registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding.\nThe registrar may decide the application summarily and without extensive investigation.\nThe order must state the day by which the reduced fee must be paid.\nSubsection&#160;(7) does not apply if the relevant fee has been paid before the order is made.\nFor refunds of excess amounts paid, see section&#160;12 .\ns&#160;9 amd 2021 SL&#160;No.&#160;11 s&#160;6\n(sec.9-ssec.1) This section applies to a party to a proceeding who is an individual if the party has not made an application under section&#160;8 .\n(sec.9-ssec.2) The party may apply in the approved form to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding on the ground of financial hardship. See, however, section&#160;7 (2) .\n(sec.9-ssec.3) Any information or documents included in the approved form, or attached to or given with the approved form, in support of the party’s application must be verified by statutory declaration.\n(sec.9-ssec.4) In considering the application, the registrar must have regard to the party’s income, day-to-day living expenses, bank balances and cash on hand.\n(sec.9-ssec.5) If the registrar reasonably believes there is a ground of financial hardship, the registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding.\n(sec.9-ssec.6) The registrar may decide the application summarily and without extensive investigation.\n(sec.9-ssec.7) The order must state the day by which the reduced fee must be paid.\n(sec.9-ssec.8) Subsection&#160;(7) does not apply if the relevant fee has been paid before the order is made. For refunds of excess amounts paid, see section&#160;12 .","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Corporations","content":"### sec.10 Corporations\n\nThis section applies to a party to a proceeding, other than a proceeding under the Corporations Act or the Admiralty Act 1988 (Cwlth) , if the party is a corporation.\nThe party may apply in the approved form to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding.\nSee, however, section&#160;7 (2) .\nThe registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding only if the registrar reasonably believes the party does not have, and can not reasonably obtain from another source, sufficient funds to pay the relevant fee.\nThe order must state the day by which the reduced fee must be paid.\nSubsection&#160;(4) does not apply if the relevant fee has been paid before the order is made.\nFor refunds of excess amounts paid, see section&#160;12 .\n(sec.10-ssec.1) This section applies to a party to a proceeding, other than a proceeding under the Corporations Act or the Admiralty Act 1988 (Cwlth) , if the party is a corporation.\n(sec.10-ssec.2) The party may apply in the approved form to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding. See, however, section&#160;7 (2) .\n(sec.10-ssec.3) The registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding only if the registrar reasonably believes the party does not have, and can not reasonably obtain from another source, sufficient funds to pay the relevant fee.\n(sec.10-ssec.4) The order must state the day by which the reduced fee must be paid.\n(sec.10-ssec.5) Subsection&#160;(4) does not apply if the relevant fee has been paid before the order is made. For refunds of excess amounts paid, see section&#160;12 .","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Review of registrar’s decision","content":"### sec.11 Review of registrar’s decision\n\nA party who has made an application to a registrar under section&#160;8 , 9 or 10 in relation to a proceeding and is dissatisfied with the registrar’s decision on the application may apply to the court for a review of the registrar’s decision.\nOn the review, the court may—\nconsider the application with or without a hearing; and\nconsider anything the registrar was required to consider when making the decision; and\nmake any order the court considers appropriate.\n(sec.11-ssec.1) A party who has made an application to a registrar under section&#160;8 , 9 or 10 in relation to a proceeding and is dissatisfied with the registrar’s decision on the application may apply to the court for a review of the registrar’s decision.\n(sec.11-ssec.2) On the review, the court may— consider the application with or without a hearing; and consider anything the registrar was required to consider when making the decision; and make any order the court considers appropriate.\n- (a) consider the application with or without a hearing; and\n- (b) consider anything the registrar was required to consider when making the decision; and\n- (c) make any order the court considers appropriate.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Refund of excess amounts paid","content":"### sec.12 Refund of excess amounts paid\n\nThis section applies if—\nunder section&#160;8 , 9 or 10 a registrar orders that a party to a proceeding pay the reduced fee instead of a relevant fee for the proceeding; and\nthe party has paid the relevant fee, or another relevant fee mentioned in section&#160;7 (1) that is no longer payable for the proceeding.\nThe registrar must refund to the party any amount paid by the party for a fee mentioned in subsection&#160;(1) (b) that is more than the amount payable by the party for the fee under the order.\n(sec.12-ssec.1) This section applies if— under section&#160;8 , 9 or 10 a registrar orders that a party to a proceeding pay the reduced fee instead of a relevant fee for the proceeding; and the party has paid the relevant fee, or another relevant fee mentioned in section&#160;7 (1) that is no longer payable for the proceeding.\n(sec.12-ssec.2) The registrar must refund to the party any amount paid by the party for a fee mentioned in subsection&#160;(1) (b) that is more than the amount payable by the party for the fee under the order.\n- (a) under section&#160;8 , 9 or 10 a registrar orders that a party to a proceeding pay the reduced fee instead of a relevant fee for the proceeding; and\n- (b) the party has paid the relevant fee, or another relevant fee mentioned in section&#160;7 (1) that is no longer payable for the proceeding.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Fees if account taken by registrar","content":"### sec.13 Fees if account taken by registrar\n\nThis section applies if an account of an accounting party in the Supreme Court or the District Court is taken before a registrar.\nThe fees for taking the account—\nmust be paid by the party having the conduct of the order under which the account is taken and are part of that party’s costs of the proceeding, unless the court or a judge otherwise orders; and\nmust be paid when the certificate stating the result of the taking of the account is filed.\nThe registrar must include the fees in the account when the fees are paid, unless the court or a judge otherwise directs.\nThe registrar may require a deposit of not more than the fees payable on the amount that, from the account, appears to have been received.\nIf the registrar requires a deposit under subsection&#160;(4) , the registrar must make a note of the deposit in the account when the deposit is paid.\nIn this section—\naccounting party see the Uniform Civil Procedure Rules&#160;1999 , rule&#160;530 (2) .\n(sec.13-ssec.1) This section applies if an account of an accounting party in the Supreme Court or the District Court is taken before a registrar.\n(sec.13-ssec.2) The fees for taking the account— must be paid by the party having the conduct of the order under which the account is taken and are part of that party’s costs of the proceeding, unless the court or a judge otherwise orders; and must be paid when the certificate stating the result of the taking of the account is filed.\n(sec.13-ssec.3) The registrar must include the fees in the account when the fees are paid, unless the court or a judge otherwise directs.\n(sec.13-ssec.4) The registrar may require a deposit of not more than the fees payable on the amount that, from the account, appears to have been received.\n(sec.13-ssec.5) If the registrar requires a deposit under subsection&#160;(4) , the registrar must make a note of the deposit in the account when the deposit is paid.\n(sec.13-ssec.6) In this section— accounting party see the Uniform Civil Procedure Rules&#160;1999 , rule&#160;530 (2) .\n- (a) must be paid by the party having the conduct of the order under which the account is taken and are part of that party’s costs of the proceeding, unless the court or a judge otherwise orders; and\n- (b) must be paid when the certificate stating the result of the taking of the account is filed.","sortOrder":16},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Magistrates Courts","content":"## Magistrates Courts","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Fees for Magistrates Courts generally","content":"### sec.14 Fees for Magistrates Courts generally\n\nThis part (other than divisions&#160;1 and 3 ) and schedules&#160;2 and 2A apply for Magistrates Courts and set out fees payable in relation to proceedings in a Magistrates Court.\nSee also division&#160;2A , subdivision&#160;2 for working out the amount of particular fees in relation to service and enforcement.\nA registrar or enforcement officer need not pay a fee mentioned in schedule&#160;2 or 2A .\nFor the Magistrates Courts Act 1921 , section&#160;3C (2) , the fees under schedule&#160;2A , other than item 5, are prescribed.\ns&#160;14 sub 2025 SL&#160;No.&#160;57 s&#160;5\n(sec.14-ssec.1) This part (other than divisions&#160;1 and 3 ) and schedules&#160;2 and 2A apply for Magistrates Courts and set out fees payable in relation to proceedings in a Magistrates Court. See also division&#160;2A , subdivision&#160;2 for working out the amount of particular fees in relation to service and enforcement.\n(sec.14-ssec.2) A registrar or enforcement officer need not pay a fee mentioned in schedule&#160;2 or 2A .\n(sec.14-ssec.3) For the Magistrates Courts Act 1921 , section&#160;3C (2) , the fees under schedule&#160;2A , other than item 5, are prescribed.","sortOrder":18},{"sectionNumber":"pt.2-div.2A","sectionType":"division","heading":"Supreme Court, District Court and Magistrates Courts—service and enforcement fees","content":"## Supreme Court, District Court and Magistrates Courts—service and enforcement fees","sortOrder":19},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Fee amounts for 2025–2026 financial year","content":"### sec.14A Fee amounts for 2025–2026 financial year\n\nThis section applies to a fee under schedule&#160;2A , item 1(1)(a) or (b), 2, 3(1), 4(1), 5(1) or 7.\nFor the financial year starting on 1 July 2025, the amount of the fee is the amount stated for the fee in schedule&#160;2A , column 2.\ns&#160;14A ins 2025 SL&#160;No.&#160;57 s&#160;6\n(sec.14A-ssec.1) This section applies to a fee under schedule&#160;2A , item 1(1)(a) or (b), 2, 3(1), 4(1), 5(1) or 7.\n(sec.14A-ssec.2) For the financial year starting on 1 July 2025, the amount of the fee is the amount stated for the fee in schedule&#160;2A , column 2.","sortOrder":20},{"sectionNumber":"sec.14B","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.14B Definitions for subdivision\n\nIn this subdivision—\nbase amount , for a fee, means the amount stated for the fee in schedule&#160;2A , column 3.\nCPI multiplier , for a financial year, see section&#160;14C .\ns&#160;14B ins 2025 SL&#160;No.&#160;57 s&#160;6","sortOrder":21},{"sectionNumber":"sec.14C","sectionType":"section","heading":"Meaning of CPI multiplier","content":"### sec.14C Meaning of CPI multiplier\n\nThe CPI multiplier , for a financial year, is the amount worked out using the formula—\nwhere—\nA means the CPI multiplier for the financial year.\nB means the average of the CPIs for the 4 consecutive quarters up to and including the March quarter for the previous financial year.\nFor working out the CPI multiplier for the financial year starting on 1 July 2026, B is the average of the CPIs for the following 4 quarters: June 2025, September 2025, December 2025 and March 2026.\nIn this section—\nCPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.\ns&#160;14C ins 2025 SL&#160;No.&#160;57 s&#160;6\n(sec.14C-ssec.1) The CPI multiplier , for a financial year, is the amount worked out using the formula— where— A means the CPI multiplier for the financial year. B means the average of the CPIs for the 4 consecutive quarters up to and including the March quarter for the previous financial year. For working out the CPI multiplier for the financial year starting on 1 July 2026, B is the average of the CPIs for the following 4 quarters: June 2025, September 2025, December 2025 and March 2026.\n(sec.14C-ssec.2) In this section— CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.","sortOrder":22},{"sectionNumber":"sec.14D","sectionType":"section","heading":"Fee amounts— sch&#160;2A , items 1, 2 and 7","content":"### sec.14D Fee amounts— sch&#160;2A , items 1, 2 and 7\n\nThis section applies in relation to a fee under schedule&#160;2A , item 1(1)(a) or (b), 2 or 7.\nFor the financial year starting on 1 July 2026 or a later financial year, the amount of the fee is the amount worked out by—\nworking out the adjusted amount for the fee for the financial year under subsection&#160;(3) ; and\nrounding the adjusted amount under subsection&#160;(4) .\nThe adjusted amount for the fee for the financial year is the amount worked out using the following formula—\nwhere—\nA means the adjusted amount for the fee for the financial year.\nB means the base amount for the fee.\nC means the CPI multiplier for the financial year.\nD means the charge percentage, within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cwlth) , section&#160;19 (2) , for the financial year.\nFor subsection&#160;(2) (b) , the adjusted amount is to be rounded—\nif the adjusted amount is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the adjusted result is more than $100—to the nearest multiple of 10 cents (rounding one-half upwards).\ns&#160;14D ins 2025 SL&#160;No.&#160;57 s&#160;6\n(sec.14D-ssec.1) This section applies in relation to a fee under schedule&#160;2A , item 1(1)(a) or (b), 2 or 7.\n(sec.14D-ssec.2) For the financial year starting on 1 July 2026 or a later financial year, the amount of the fee is the amount worked out by— working out the adjusted amount for the fee for the financial year under subsection&#160;(3) ; and rounding the adjusted amount under subsection&#160;(4) .\n(sec.14D-ssec.3) The adjusted amount for the fee for the financial year is the amount worked out using the following formula— where— A means the adjusted amount for the fee for the financial year. B means the base amount for the fee. C means the CPI multiplier for the financial year. D means the charge percentage, within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cwlth) , section&#160;19 (2) , for the financial year.\n(sec.14D-ssec.4) For subsection&#160;(2) (b) , the adjusted amount is to be rounded— if the adjusted amount is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the adjusted result is more than $100—to the nearest multiple of 10 cents (rounding one-half upwards).\n- (a) working out the adjusted amount for the fee for the financial year under subsection&#160;(3) ; and\n- (b) rounding the adjusted amount under subsection&#160;(4) .\n- (a) if the adjusted amount is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the adjusted result is more than $100—to the nearest multiple of 10 cents (rounding one-half upwards).","sortOrder":23},{"sectionNumber":"sec.14E","sectionType":"section","heading":"Fee amounts— sch&#160;2A , items 3, 4 and 5","content":"### sec.14E Fee amounts— sch&#160;2A , items 3, 4 and 5\n\nThis section applies in relation to a fee under schedule&#160;2A , item 3(1), 4(1) or 5(1).\nFor the financial year starting on 1 July 2026 or a later financial year, the amount of the fee is the amount worked out by—\nworking out the adjusted amount for the fee for the financial year under subsection&#160;(3) ; and\nrounding the adjusted amount to the nearest multiple of 5 cents (rounding one-half upwards).\nThe adjusted amount for the fee for the financial year is the amount worked out using the following formula—\nwhere—\nA means adjusted amount for the fee for the financial year.\nB means the base amount for the fee.\nC means the CPI multiplier for the financial year.\ns&#160;14E ins 2025 SL&#160;No.&#160;57 s&#160;6\n(sec.14E-ssec.1) This section applies in relation to a fee under schedule&#160;2A , item 3(1), 4(1) or 5(1).\n(sec.14E-ssec.2) For the financial year starting on 1 July 2026 or a later financial year, the amount of the fee is the amount worked out by— working out the adjusted amount for the fee for the financial year under subsection&#160;(3) ; and rounding the adjusted amount to the nearest multiple of 5 cents (rounding one-half upwards).\n(sec.14E-ssec.3) The adjusted amount for the fee for the financial year is the amount worked out using the following formula— where— A means adjusted amount for the fee for the financial year. B means the base amount for the fee. C means the CPI multiplier for the financial year.\n- (a) working out the adjusted amount for the fee for the financial year under subsection&#160;(3) ; and\n- (b) rounding the adjusted amount to the nearest multiple of 5 cents (rounding one-half upwards).","sortOrder":24},{"sectionNumber":"sec.14F","sectionType":"section","heading":"Publication of fee amounts","content":"### sec.14F Publication of fee amounts\n\nThe chief executive must publish on the department’s website the amount of each fee, as worked out under this subdivision for a financial year, while the amount is in effect.\ns&#160;14F ins 2025 SL&#160;No.&#160;57 s&#160;6","sortOrder":25},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Planning and Environment Court","content":"## Planning and Environment Court","sortOrder":26},{"sectionNumber":"sec.15","sectionType":"section","heading":"Fees for Planning and Environment Court","content":"### sec.15 Fees for Planning and Environment Court\n\nThis part (other than divisions&#160;1 , 2 and 2A ) and schedule&#160;3 apply for the Planning and Environment Court and set out the fees payable for proceedings in the Planning and Environment Court.\ns&#160;15 amd 2025 SL&#160;No.&#160;57 s&#160;7","sortOrder":27},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":28},{"sectionNumber":"sec.16","sectionType":"section","heading":"Fees if state-related party","content":"### sec.16 Fees if state-related party\n\nIn a proceeding to which a state-related person is a party, the state-related person need not prepay any fees of court.\nHowever, if judgment is given against another party in the proceeding and the state-related person has paid fees of court, the state-related person may recover the fees of court with costs from the other party.\nIn this section—\nstate-related person means—\nthe Sovereign; or\nthe State; or\nan entity whose expenditure is payable, in whole or part, out of amounts from the consolidated fund; or\na person acting for the State or for an entity mentioned in paragraph&#160;(c) .\n(sec.16-ssec.1) In a proceeding to which a state-related person is a party, the state-related person need not prepay any fees of court.\n(sec.16-ssec.2) However, if judgment is given against another party in the proceeding and the state-related person has paid fees of court, the state-related person may recover the fees of court with costs from the other party.\n(sec.16-ssec.3) In this section— state-related person means— the Sovereign; or the State; or an entity whose expenditure is payable, in whole or part, out of amounts from the consolidated fund; or a person acting for the State or for an entity mentioned in paragraph&#160;(c) .\n- (a) the Sovereign; or\n- (b) the State; or\n- (c) an entity whose expenditure is payable, in whole or part, out of amounts from the consolidated fund; or\n- (d) a person acting for the State or for an entity mentioned in paragraph&#160;(c) .","sortOrder":29},{"sectionNumber":"sec.17","sectionType":"section","heading":"Fees if assessment of costs","content":"### sec.17 Fees if assessment of costs\n\nThe fees payable on the assessment of costs in the Supreme Court, the District Court, a Magistrates Court or the Planning and Environment Court are—\npayable on the allowance of any amount on the assessment; and\nto be fixed by the assessing registrar; and\nto be paid by the solicitor or party filing the costs statement.\nThe assessing registrar may require a deposit, of not more than the fees payable on the full amount of the costs as submitted for assessment, before the assessment is started.\nIf the assessing registrar requires a deposit under subsection&#160;(2) , the assessing registrar must make a note of the deposit on the costs statement when the deposit is paid.\n(sec.17-ssec.1) The fees payable on the assessment of costs in the Supreme Court, the District Court, a Magistrates Court or the Planning and Environment Court are— payable on the allowance of any amount on the assessment; and to be fixed by the assessing registrar; and to be paid by the solicitor or party filing the costs statement.\n(sec.17-ssec.2) The assessing registrar may require a deposit, of not more than the fees payable on the full amount of the costs as submitted for assessment, before the assessment is started.\n(sec.17-ssec.3) If the assessing registrar requires a deposit under subsection&#160;(2) , the assessing registrar must make a note of the deposit on the costs statement when the deposit is paid.\n- (a) payable on the allowance of any amount on the assessment; and\n- (b) to be fixed by the assessing registrar; and\n- (c) to be paid by the solicitor or party filing the costs statement.","sortOrder":30},{"sectionNumber":"sec.18","sectionType":"section","heading":"Deposit for particular fees","content":"### sec.18 Deposit for particular fees\n\nA registrar, sheriff or marshal may require a deposit on account of fees that apply to a proceeding in the Supreme Court, the District Court or a Magistrates Court—\nbefore the proceeding is started; or\nat any time during the proceeding.\nIf a registrar, sheriff or marshal requires a deposit under subsection&#160;(1) , the registrar, sheriff or marshal must make a note of the deposit on the court file when the deposit is paid.\n(sec.18-ssec.1) A registrar, sheriff or marshal may require a deposit on account of fees that apply to a proceeding in the Supreme Court, the District Court or a Magistrates Court— before the proceeding is started; or at any time during the proceeding.\n(sec.18-ssec.2) If a registrar, sheriff or marshal requires a deposit under subsection&#160;(1) , the registrar, sheriff or marshal must make a note of the deposit on the court file when the deposit is paid.\n- (a) before the proceeding is started; or\n- (b) at any time during the proceeding.","sortOrder":31},{"sectionNumber":"pt.3","sectionType":"part","heading":"Allowances for witnesses and interpreters","content":"# Allowances for witnesses and interpreters","sortOrder":32},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":33},{"sectionNumber":"sec.19","sectionType":"section","heading":"Definitions for part","content":"### sec.19 Definitions for part\n\nIn this part—\naudio link see the Evidence Act 1977 , section&#160;39C .\ns&#160;19 def audio link ins 2024 SL&#160;No.&#160;4 s&#160;14\naudio visual link see the Evidence Act 1977 , schedule&#160;3 .\ns&#160;19 def audio visual link ins 2024 SL&#160;No.&#160;4 s&#160;14\nexpert means a person who would, if called as a witness at the trial of a proceeding, be qualified to give opinion evidence as an expert witness in relation to an issue arising in the proceeding.\nnon-professional witness means a witness who attends court to give evidence of a non-professional nature.\nprisoner see the Corrective Services Act 2006 , schedule&#160;4 .\nprofessional witness means a witness who attends court to give evidence of a professional nature.\npublic transport means any form of passenger transport that is available for use by the public on payment of a fare.\nrelevant person means—\nan expert; or\nan interpreter; or\na non-professional witness; or\na professional witness.\n- (a) an expert; or\n- (b) an interpreter; or\n- (c) a non-professional witness; or\n- (d) a professional witness.","sortOrder":34},{"sectionNumber":"sec.19A","sectionType":"section","heading":"References to attending court","content":"### sec.19A References to attending court\n\nA reference in this division or division&#160;2 to attending court includes a reference to attending court by audio link or audio visual link.\ns&#160;19A ins 2024 SL&#160;No.&#160;4 s&#160;15","sortOrder":35},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Witnesses and interpreters other than particular prisoners","content":"## Witnesses and interpreters other than particular prisoners","sortOrder":36},{"sectionNumber":"sec.20","sectionType":"section","heading":"Application of division","content":"### sec.20 Application of division\n\nThis division does not apply to a prisoner to whom section&#160;29 applies.\nAlso, if a relevant person, other than an interpreter, attends 2 or more proceedings on the same day, the amount to be paid to the person for each proceeding must be a reasonable share of the total for all the proceedings.\n(sec.20-ssec.1) This division does not apply to a prisoner to whom section&#160;29 applies.\n(sec.20-ssec.2) Also, if a relevant person, other than an interpreter, attends 2 or more proceedings on the same day, the amount to be paid to the person for each proceeding must be a reasonable share of the total for all the proceedings.","sortOrder":37},{"sectionNumber":"sec.21","sectionType":"section","heading":"Allowances","content":"### sec.21 Allowances\n\nA relevant person is entitled to be paid the following allowances under this division for attendance at court—\na travelling allowance;\nan accommodation allowance;\nan attendance allowance.\nThe travelling allowance is a payment made towards meeting the costs incurred by the relevant person in travelling to and from the court.\nThe accommodation allowance is a payment made towards meeting the costs incurred by the relevant person for accommodation and meals when the relevant person is necessarily absent from the person’s place of residence to attend court.\nThe attendance allowance is a payment made towards meeting any loss of earnings or additional expenses incurred by a relevant person if, to attend court—\nfor a relevant person other than an interpreter—\nthe person is necessarily absent from the person’s place of employment, practice or residence for a period; or\nif subparagraph&#160;(i) does not apply—the person is necessarily unavailable to undertake the person’s usual work for a period; or\nfor a relevant person who is an interpreter—the person is necessarily absent from the person’s place of employment, practice or residence for a period.\ns&#160;21 amd 2024 SL&#160;No.&#160;4 s&#160;16\n(sec.21-ssec.1) A relevant person is entitled to be paid the following allowances under this division for attendance at court— a travelling allowance; an accommodation allowance; an attendance allowance.\n(sec.21-ssec.2) The travelling allowance is a payment made towards meeting the costs incurred by the relevant person in travelling to and from the court.\n(sec.21-ssec.3) The accommodation allowance is a payment made towards meeting the costs incurred by the relevant person for accommodation and meals when the relevant person is necessarily absent from the person’s place of residence to attend court.\n(sec.21-ssec.4) The attendance allowance is a payment made towards meeting any loss of earnings or additional expenses incurred by a relevant person if, to attend court— for a relevant person other than an interpreter— the person is necessarily absent from the person’s place of employment, practice or residence for a period; or if subparagraph&#160;(i) does not apply—the person is necessarily unavailable to undertake the person’s usual work for a period; or for a relevant person who is an interpreter—the person is necessarily absent from the person’s place of employment, practice or residence for a period.\n- (a) a travelling allowance;\n- (b) an accommodation allowance;\n- (c) an attendance allowance.\n- (a) for a relevant person other than an interpreter— (i) the person is necessarily absent from the person’s place of employment, practice or residence for a period; or (ii) if subparagraph&#160;(i) does not apply—the person is necessarily unavailable to undertake the person’s usual work for a period; or\n- (i) the person is necessarily absent from the person’s place of employment, practice or residence for a period; or\n- (ii) if subparagraph&#160;(i) does not apply—the person is necessarily unavailable to undertake the person’s usual work for a period; or\n- (b) for a relevant person who is an interpreter—the person is necessarily absent from the person’s place of employment, practice or residence for a period.\n- (i) the person is necessarily absent from the person’s place of employment, practice or residence for a period; or\n- (ii) if subparagraph&#160;(i) does not apply—the person is necessarily unavailable to undertake the person’s usual work for a period; or","sortOrder":38},{"sectionNumber":"sec.21A","sectionType":"section","heading":"References to court for working out travelling allowance or accommodation allowance for particular relevant persons","content":"### sec.21A References to court for working out travelling allowance or accommodation allowance for particular relevant persons\n\nThis section applies if—\na relevant person is directed, by a notice given under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;415B , that the person’s attendance to give evidence in accordance with a subpoena is to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence; or\na relevant person’s attendance to give evidence is otherwise to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence.\nFor working out the relevant person’s entitlement to a travelling allowance or accommodation allowance under this division, this division applies in relation to the person as if a reference to the court were a reference to the place from which the person’s evidence is to be given.\ns&#160;21A ins 2024 SL&#160;No.&#160;4 s&#160;17\n(sec.21A-ssec.1) This section applies if— a relevant person is directed, by a notice given under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;415B , that the person’s attendance to give evidence in accordance with a subpoena is to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence; or a relevant person’s attendance to give evidence is otherwise to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence.\n(sec.21A-ssec.2) For working out the relevant person’s entitlement to a travelling allowance or accommodation allowance under this division, this division applies in relation to the person as if a reference to the court were a reference to the place from which the person’s evidence is to be given.\n- (a) a relevant person is directed, by a notice given under the Uniform Civil Procedure Rules&#160;1999 , rule&#160;415B , that the person’s attendance to give evidence in accordance with a subpoena is to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence; or\n- (b) a relevant person’s attendance to give evidence is otherwise to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence.","sortOrder":39},{"sectionNumber":"sec.22","sectionType":"section","heading":"Travelling allowance","content":"### sec.22 Travelling allowance\n\nThe amount of the travelling allowance that is to be paid to a relevant person is—\nthe amount actually and properly paid for fares for public transport; or\nif public transport was not available—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent.\nThe relevant person is not entitled to the payment of a travelling allowance if no expense is incurred by the person in travelling to and from the court.\nIf the relevant person travels to and from the court in a private vehicle with another relevant person, only 1 payment is to be made under subsection&#160;(1) (b) for the vehicle.\nIf it is reasonable for the relevant person to travel to and from the court by air, the amount of the travelling allowance that is to be paid is—\nfor a non-professional witness or an interpreter—the amount payable for economy class air travel by the person to and from the court; or\nfor a professional witness or an expert—the amount payable for first class air travel by the person to and from the court.\nFor calculating the travelling allowance, in deciding whether public transport was available, regard is to be had to whether a public transport system operated by which a person could conveniently—\ntravel to the court in reasonable time before the person’s required attendance; and\nreturn to the person’s place of employment, practice or residence after the person’s attendance at court.\ns&#160;22 amd 2023 SL&#160;No.&#160;60 s&#160;17 sch&#160;1\n(sec.22-ssec.1) The amount of the travelling allowance that is to be paid to a relevant person is— the amount actually and properly paid for fares for public transport; or if public transport was not available—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent.\n(sec.22-ssec.2) The relevant person is not entitled to the payment of a travelling allowance if no expense is incurred by the person in travelling to and from the court.\n(sec.22-ssec.3) If the relevant person travels to and from the court in a private vehicle with another relevant person, only 1 payment is to be made under subsection&#160;(1) (b) for the vehicle.\n(sec.22-ssec.4) If it is reasonable for the relevant person to travel to and from the court by air, the amount of the travelling allowance that is to be paid is— for a non-professional witness or an interpreter—the amount payable for economy class air travel by the person to and from the court; or for a professional witness or an expert—the amount payable for first class air travel by the person to and from the court.\n(sec.22-ssec.5) For calculating the travelling allowance, in deciding whether public transport was available, regard is to be had to whether a public transport system operated by which a person could conveniently— travel to the court in reasonable time before the person’s required attendance; and return to the person’s place of employment, practice or residence after the person’s attendance at court.\n- (a) the amount actually and properly paid for fares for public transport; or\n- (b) if public transport was not available—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent.\n- (a) for a non-professional witness or an interpreter—the amount payable for economy class air travel by the person to and from the court; or\n- (b) for a professional witness or an expert—the amount payable for first class air travel by the person to and from the court.\n- (a) travel to the court in reasonable time before the person’s required attendance; and\n- (b) return to the person’s place of employment, practice or residence after the person’s attendance at court.","sortOrder":40},{"sectionNumber":"sec.23","sectionType":"section","heading":"Accommodation allowance","content":"### sec.23 Accommodation allowance\n\nThe amount of the accommodation allowance that is to be paid to a relevant person is to be the amount calculated at the rate payable under the Public Sector Act 2022 to a public service officer.\nFor subsection&#160;(1) —\nthe period of absence from the relevant person’s place of residence is to be calculated from the time of departure from that place to the time of return to that place; and\nif, after the number of full days absence has been calculated, the period remaining is more than 12 hours, that period is to be treated as a day’s absence.\nFor calculating the accommodation allowance, regard is to be had to—\nthe time of the latest public transport available by which the person could conveniently travel to the court in reasonable time before the person’s required attendance; and\nthe time by which the person could conveniently return to the person’s place of employment, practice or residence using the earliest public transport available within a reasonable time after the person’s attendance at court.\nSubsection&#160;(3) does not apply if special reasons exist for some other basis for the calculation.\ns&#160;23 amd 2023 SL&#160;No.&#160;60 s&#160;17 sch&#160;1\n(sec.23-ssec.1) The amount of the accommodation allowance that is to be paid to a relevant person is to be the amount calculated at the rate payable under the Public Sector Act 2022 to a public service officer.\n(sec.23-ssec.2) For subsection&#160;(1) — the period of absence from the relevant person’s place of residence is to be calculated from the time of departure from that place to the time of return to that place; and if, after the number of full days absence has been calculated, the period remaining is more than 12 hours, that period is to be treated as a day’s absence.\n(sec.23-ssec.3) For calculating the accommodation allowance, regard is to be had to— the time of the latest public transport available by which the person could conveniently travel to the court in reasonable time before the person’s required attendance; and the time by which the person could conveniently return to the person’s place of employment, practice or residence using the earliest public transport available within a reasonable time after the person’s attendance at court.\n(sec.23-ssec.4) Subsection&#160;(3) does not apply if special reasons exist for some other basis for the calculation.\n- (a) the period of absence from the relevant person’s place of residence is to be calculated from the time of departure from that place to the time of return to that place; and\n- (b) if, after the number of full days absence has been calculated, the period remaining is more than 12 hours, that period is to be treated as a day’s absence.\n- (a) the time of the latest public transport available by which the person could conveniently travel to the court in reasonable time before the person’s required attendance; and\n- (b) the time by which the person could conveniently return to the person’s place of employment, practice or residence using the earliest public transport available within a reasonable time after the person’s attendance at court.","sortOrder":41},{"sectionNumber":"sec.24","sectionType":"section","heading":"Attendance allowance for non-professional witness","content":"### sec.24 Attendance allowance for non-professional witness\n\nThe amount of the attendance allowance that is to be paid to a non-professional witness for each day or part of a day of the witness’s necessary absence to attend court is—\nif the witness is under 16—$47.75; or\nif the witness is 16 or older—$95.70.\nIn subsection&#160;(1) , a reference to the non-professional witness’s necessary absence to attend court is a reference to the period for which the attendance causes the non-professional witness to be—\nnecessarily absent from the witness’s place of employment, practice or residence as mentioned in section&#160;21 (4) (a) (i) ; or\nnecessarily unavailable to undertake the witness’s usual work as mentioned in section&#160;21 (4) (a) (ii) .\ns&#160;24 amd 2020 SL&#160;No.&#160;143 s&#160;119 ; 2021 SL&#160;No.&#160;84 s&#160;118 ; 2022 SL&#160;No.&#160;79 s&#160;171 ; 2023 SL&#160;No.&#160;60 s&#160;14 ; 2024 SL&#160;No.&#160;4 s&#160;18 ; 2024 SL&#160;No.&#160;62 s&#160;16 ; 2025 SL&#160;No.&#160;44 s&#160;14\n(sec.24-ssec.1) The amount of the attendance allowance that is to be paid to a non-professional witness for each day or part of a day of the witness’s necessary absence to attend court is— if the witness is under 16—$47.75; or if the witness is 16 or older—$95.70.\n(sec.24-ssec.2) In subsection&#160;(1) , a reference to the non-professional witness’s necessary absence to attend court is a reference to the period for which the attendance causes the non-professional witness to be— necessarily absent from the witness’s place of employment, practice or residence as mentioned in section&#160;21 (4) (a) (i) ; or necessarily unavailable to undertake the witness’s usual work as mentioned in section&#160;21 (4) (a) (ii) .\n- (a) if the witness is under 16—$47.75; or\n- (b) if the witness is 16 or older—$95.70.\n- (a) necessarily absent from the witness’s place of employment, practice or residence as mentioned in section&#160;21 (4) (a) (i) ; or\n- (b) necessarily unavailable to undertake the witness’s usual work as mentioned in section&#160;21 (4) (a) (ii) .","sortOrder":42},{"sectionNumber":"sec.25","sectionType":"section","heading":"Attendance allowance for professional witness or expert","content":"### sec.25 Attendance allowance for professional witness or expert\n\nThe amount of the attendance allowance that is to be paid to a professional witness or an expert for each day of the witness’s or expert’s necessary absence to attend court is $293.80.\nIf the necessary absence of a professional witness or an expert to attend court is 7 hours or less, the amount of the attendance allowance that is to be paid is—\nfor an absence of 3 hours or less—$110.30; or\nfor an absence of more than 3 hours but not more than 4 hours—$158.50; or\nfor an absence of more than 4 hours but not more than 5 hours—$192.60; or\nfor an absence of more than 5 hours but not more than 6 hours—$226.60; or\nfor an absence of more than 6 hours—$259.60.\nDespite subsections&#160;(1) and (2) , if the professional witness or expert is a doctor who is employed under the Hospital and Health Boards Act 2011 as a health service employee at a public sector hospital, the attendance allowance that is to be paid for each day or part of a day of the witness’s or expert’s necessary absence to attend court is $98.45.\nTravelling time is to be taken into account for deciding the amount of the allowance under this section, but only if the necessary absence is an absence mentioned in subsection&#160;(5) (a) .\nIn this section, a reference to a professional witness’s or expert’s necessary absence to attend court is a reference to the period for which the attendance causes the professional witness or expert to be—\nnecessarily absent from their place of employment, practice or residence as mentioned in section&#160;21 (4) (a) (i) ; or\nnecessarily unavailable to undertake their usual work as mentioned in section&#160;21 (4) (a) (ii) .\ns&#160;25 amd 2020 SL&#160;No.&#160;143 s&#160;120 ; 2021 SL&#160;No.&#160;84 s&#160;119 ; 2022 SL&#160;No.&#160;79 s&#160;172 ; 2023 SL&#160;No.&#160;60 s&#160;15 ; 2024 SL&#160;No.&#160;4 s&#160;19 ; 2024 SL&#160;No.&#160;62 s&#160;17 ; 2025 SL&#160;No.&#160;44 s&#160;15\n(sec.25-ssec.1) The amount of the attendance allowance that is to be paid to a professional witness or an expert for each day of the witness’s or expert’s necessary absence to attend court is $293.80.\n(sec.25-ssec.2) If the necessary absence of a professional witness or an expert to attend court is 7 hours or less, the amount of the attendance allowance that is to be paid is— for an absence of 3 hours or less—$110.30; or for an absence of more than 3 hours but not more than 4 hours—$158.50; or for an absence of more than 4 hours but not more than 5 hours—$192.60; or for an absence of more than 5 hours but not more than 6 hours—$226.60; or for an absence of more than 6 hours—$259.60.\n(sec.25-ssec.3) Despite subsections&#160;(1) and (2) , if the professional witness or expert is a doctor who is employed under the Hospital and Health Boards Act 2011 as a health service employee at a public sector hospital, the attendance allowance that is to be paid for each day or part of a day of the witness’s or expert’s necessary absence to attend court is $98.45.\n(sec.25-ssec.4) Travelling time is to be taken into account for deciding the amount of the allowance under this section, but only if the necessary absence is an absence mentioned in subsection&#160;(5) (a) .\n(sec.25-ssec.5) In this section, a reference to a professional witness’s or expert’s necessary absence to attend court is a reference to the period for which the attendance causes the professional witness or expert to be— necessarily absent from their place of employment, practice or residence as mentioned in section&#160;21 (4) (a) (i) ; or necessarily unavailable to undertake their usual work as mentioned in section&#160;21 (4) (a) (ii) .\n- (a) for an absence of 3 hours or less—$110.30; or\n- (b) for an absence of more than 3 hours but not more than 4 hours—$158.50; or\n- (c) for an absence of more than 4 hours but not more than 5 hours—$192.60; or\n- (d) for an absence of more than 5 hours but not more than 6 hours—$226.60; or\n- (e) for an absence of more than 6 hours—$259.60.\n- (a) necessarily absent from their place of employment, practice or residence as mentioned in section&#160;21 (4) (a) (i) ; or\n- (b) necessarily unavailable to undertake their usual work as mentioned in section&#160;21 (4) (a) (ii) .","sortOrder":43},{"sectionNumber":"sec.26","sectionType":"section","heading":"Attendance allowance for interpreters","content":"### sec.26 Attendance allowance for interpreters\n\nThe amount of the attendance allowance that is to be paid to an interpreter for each day of necessary absence from the interpreter’s place of employment, practice or residence to attend court is $299.80.\nIf the period for which an interpreter is necessarily absent from the interpreter’s place of employment, practice or residence is less than 8 hours, the amount of the attendance allowance that is to be paid is—\nfor the first 2 hours or part of 2 hours—$76.55; and\nfor each additional hour or part of an hour—$34.80.\nTravelling time is to be taken into account for deciding the amount of the allowance under this section.\ns&#160;26 amd 2020 SL&#160;No.&#160;143 s&#160;121 ; 2021 SL&#160;No.&#160;84 s&#160;120 ; 2022 SL&#160;No.&#160;79 s&#160;173 ; 2023 SL&#160;No.&#160;60 s&#160;16 ; 2024 SL&#160;No.&#160;62 s&#160;18 ; 2025 SL&#160;No.&#160;44 s&#160;16\n(sec.26-ssec.1) The amount of the attendance allowance that is to be paid to an interpreter for each day of necessary absence from the interpreter’s place of employment, practice or residence to attend court is $299.80.\n(sec.26-ssec.2) If the period for which an interpreter is necessarily absent from the interpreter’s place of employment, practice or residence is less than 8 hours, the amount of the attendance allowance that is to be paid is— for the first 2 hours or part of 2 hours—$76.55; and for each additional hour or part of an hour—$34.80.\n(sec.26-ssec.3) Travelling time is to be taken into account for deciding the amount of the allowance under this section.\n- (a) for the first 2 hours or part of 2 hours—$76.55; and\n- (b) for each additional hour or part of an hour—$34.80.","sortOrder":44},{"sectionNumber":"sec.27","sectionType":"section","heading":"When additional amount may be paid","content":"### sec.27 When additional amount may be paid\n\nIf a registrar considers it is reasonable for an additional amount to be paid to a relevant person under section&#160;24 , 25 or 26 because of special circumstances, the registrar may approve the payment of an additional reasonable amount.\nWithout limiting subsection&#160;(1) , it is a special circumstance that a relevant person who is a doctor is a specialist health practitioner under the Health Practitioner Regulation National Law .\n(sec.27-ssec.1) If a registrar considers it is reasonable for an additional amount to be paid to a relevant person under section&#160;24 , 25 or 26 because of special circumstances, the registrar may approve the payment of an additional reasonable amount.\n(sec.27-ssec.2) Without limiting subsection&#160;(1) , it is a special circumstance that a relevant person who is a doctor is a specialist health practitioner under the Health Practitioner Regulation National Law .","sortOrder":45},{"sectionNumber":"sec.28","sectionType":"section","heading":"Increase if GST payable","content":"### sec.28 Increase if GST payable\n\nIf an amount payable under section&#160; 25 or 26 is for a supply on which GST is payable, the amount payable under the section is to be increased to take account of the GST.","sortOrder":46},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Prisoners","content":"## Prisoners","sortOrder":47},{"sectionNumber":"sec.29","sectionType":"section","heading":"Allowance","content":"### sec.29 Allowance\n\nThis section applies to a prisoner who—\nattends court as a relevant person; and\nhas been granted leave of absence under the Corrective Services Act 2006 to engage in employment; and\nincurs loss of salary or wages while attending court.\nThe prisoner is entitled to be paid an allowance for attendance at court.\nThe amount of the allowance—\nmust be decided by the chief executive; and\nmust not be more than the amount of the allowance that a relevant person would be entitled to be paid under section&#160;21 for the same attendance.\n(sec.29-ssec.1) This section applies to a prisoner who— attends court as a relevant person; and has been granted leave of absence under the Corrective Services Act 2006 to engage in employment; and incurs loss of salary or wages while attending court.\n(sec.29-ssec.2) The prisoner is entitled to be paid an allowance for attendance at court.\n(sec.29-ssec.3) The amount of the allowance— must be decided by the chief executive; and must not be more than the amount of the allowance that a relevant person would be entitled to be paid under section&#160;21 for the same attendance.\n- (a) attends court as a relevant person; and\n- (b) has been granted leave of absence under the Corrective Services Act 2006 to engage in employment; and\n- (c) incurs loss of salary or wages while attending court.\n- (a) must be decided by the chief executive; and\n- (b) must not be more than the amount of the allowance that a relevant person would be entitled to be paid under section&#160;21 for the same attendance.","sortOrder":48},{"sectionNumber":"pt.4","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":49},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":50},{"sectionNumber":"sec.30","sectionType":"section","heading":"Repeal","content":"### sec.30 Repeal\n\nThe Uniform Civil Procedure (Fees) Regulation 2009, SL No. 183 is repealed.","sortOrder":51},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Transitional provisions for SL No. 168 of 2019","content":"## Transitional provisions for SL No. 168 of 2019","sortOrder":52},{"sectionNumber":"sec.31","sectionType":"section","heading":"Definitions for division","content":"### sec.31 Definitions for division\n\nIn this division—\ncorresponding provision , for a repealed provision, means a provision of this regulation that is substantially the same as or equivalent to the repealed provision.\nrepealed provision means the repealed regulation, section&#160;10, 10A or 10B.\nrepealed regulation means the repealed Uniform Civil Procedure (Fees) Regulation 2009 .","sortOrder":53},{"sectionNumber":"sec.32","sectionType":"section","heading":"Existing requests for refund of fees","content":"### sec.32 Existing requests for refund of fees\n\nThis section applies if—\nbefore the commencement, a party had given a registrar a request for refund of fees under the repealed regulation, section&#160;4C; and\nimmediately before the commencement, the request had not been finally dealt with.\nFrom the commencement, the request is taken to have been made under section&#160;6 of this regulation.\n(sec.32-ssec.1) This section applies if— before the commencement, a party had given a registrar a request for refund of fees under the repealed regulation, section&#160;4C; and immediately before the commencement, the request had not been finally dealt with.\n(sec.32-ssec.2) From the commencement, the request is taken to have been made under section&#160;6 of this regulation.\n- (a) before the commencement, a party had given a registrar a request for refund of fees under the repealed regulation, section&#160;4C; and\n- (b) immediately before the commencement, the request had not been finally dealt with.","sortOrder":54},{"sectionNumber":"sec.33","sectionType":"section","heading":"Existing applications to pay reduced fee","content":"### sec.33 Existing applications to pay reduced fee\n\nThis section applies if—\nbefore the commencement, a party had made an application under a repealed provision; and\nimmediately before the commencement, the application had not been decided.\nFrom the commencement, the application is taken to have been made under the corresponding provision for the repealed provision and must be decided under the corresponding provision.\n(sec.33-ssec.1) This section applies if— before the commencement, a party had made an application under a repealed provision; and immediately before the commencement, the application had not been decided.\n(sec.33-ssec.2) From the commencement, the application is taken to have been made under the corresponding provision for the repealed provision and must be decided under the corresponding provision.\n- (a) before the commencement, a party had made an application under a repealed provision; and\n- (b) immediately before the commencement, the application had not been decided.","sortOrder":55},{"sectionNumber":"sec.34","sectionType":"section","heading":"Existing reviews","content":"### sec.34 Existing reviews\n\nThis section applies if—\nbefore the commencement, a party had made an application to the court under the repealed regulation, section&#160;10C for a review; and\nimmediately before the commencement, the court had not finished dealing with the review.\nFrom the commencement—\nthe application is taken to have been made under section&#160;11 of this regulation; and\nthe court may deal or continue to deal with the review under that section.\n(sec.34-ssec.1) This section applies if— before the commencement, a party had made an application to the court under the repealed regulation, section&#160;10C for a review; and immediately before the commencement, the court had not finished dealing with the review.\n(sec.34-ssec.2) From the commencement— the application is taken to have been made under section&#160;11 of this regulation; and the court may deal or continue to deal with the review under that section.\n- (a) before the commencement, a party had made an application to the court under the repealed regulation, section&#160;10C for a review; and\n- (b) immediately before the commencement, the court had not finished dealing with the review.\n- (a) the application is taken to have been made under section&#160;11 of this regulation; and\n- (b) the court may deal or continue to deal with the review under that section.","sortOrder":56},{"sectionNumber":"sec.35","sectionType":"section","heading":"Existing rights of review","content":"### sec.35 Existing rights of review\n\nThis section applies if—\nbefore the commencement, a party was entitled under the repealed regulation, section&#160;10C to apply to the court to review a registrar’s decision on an application made by the party under a repealed provision; and\nimmediately before the commencement, the party had not made the application.\nFrom the commencement, section&#160;11 of this regulation applies to the party as if the application made under the repealed provision had been made under the corresponding provision for the repealed provision.\n(sec.35-ssec.1) This section applies if— before the commencement, a party was entitled under the repealed regulation, section&#160;10C to apply to the court to review a registrar’s decision on an application made by the party under a repealed provision; and immediately before the commencement, the party had not made the application.\n(sec.35-ssec.2) From the commencement, section&#160;11 of this regulation applies to the party as if the application made under the repealed provision had been made under the corresponding provision for the repealed provision.\n- (a) before the commencement, a party was entitled under the repealed regulation, section&#160;10C to apply to the court to review a registrar’s decision on an application made by the party under a repealed provision; and\n- (b) immediately before the commencement, the party had not made the application.","sortOrder":57},{"sectionNumber":"sec.36","sectionType":"section","heading":"References to repealed regulation","content":"### sec.36 References to repealed regulation\n\nA reference in a document to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.","sortOrder":58},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Transitional provision for Uniform Civil Procedure (Fees) Amendment Regulation 2025","content":"## Transitional provision for Uniform Civil Procedure (Fees) Amendment Regulation 2025","sortOrder":59},{"sectionNumber":"sec.37","sectionType":"section","heading":"Fees for particular functions performed before commencement","content":"### sec.37 Fees for particular functions performed before commencement\n\nThis section applies if—\nbefore the commencement, a registrar, enforcement officer, marshal or marshal’s officer performed a function, or incurred an expense, under a repealed fee provision; and\nimmediately before the commencement, the fee for performing the function, or in respect of the expense incurred, had not been paid.\nFrom the commencement, the repealed fee provision continues to apply for the purpose of payment of the fee as if the Uniform Civil Procedure (Fees) Amendment Regulation 2025 had not commenced.\nIn this section—\nrepealed fee provision means any of the following provisions as in force from time to time before the commencement—\nschedule&#160;1, item 15(1), 18, 20, 21, 22, 23 or 24;\nschedule&#160;2, part&#160;1, item 7(2);\nan item of schedule&#160;2, part&#160;2.\ns&#160;37 ins 2025 SL&#160;No.&#160;57 s&#160;9\n(sec.37-ssec.1) This section applies if— before the commencement, a registrar, enforcement officer, marshal or marshal’s officer performed a function, or incurred an expense, under a repealed fee provision; and immediately before the commencement, the fee for performing the function, or in respect of the expense incurred, had not been paid.\n(sec.37-ssec.2) From the commencement, the repealed fee provision continues to apply for the purpose of payment of the fee as if the Uniform Civil Procedure (Fees) Amendment Regulation 2025 had not commenced.\n(sec.37-ssec.3) In this section— repealed fee provision means any of the following provisions as in force from time to time before the commencement— schedule&#160;1, item 15(1), 18, 20, 21, 22, 23 or 24; schedule&#160;2, part&#160;1, item 7(2); an item of schedule&#160;2, part&#160;2.\n- (a) before the commencement, a registrar, enforcement officer, marshal or marshal’s officer performed a function, or incurred an expense, under a repealed fee provision; and\n- (b) immediately before the commencement, the fee for performing the function, or in respect of the expense incurred, had not been paid.\n- (a) schedule&#160;1, item 15(1), 18, 20, 21, 22, 23 or 24;\n- (b) schedule&#160;2, part&#160;1, item 7(2);\n- (c) an item of schedule&#160;2, part&#160;2.","sortOrder":60}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2019 regulation was a straightforward fee schedule. However, amendments in 2022 (rounding rules), 2024 (remote attendance/AV links), and particularly 2025 (sections 14A-14F) have added complex automatic indexation machinery for enforcement fees, superannuation-adjusted CPI calculations, and extensive transitional provisions. The 2025 amendments also restructured bailiff fees significantly. What began as a simple 'list of fees' has grown into a sophisticated economic adjustment mechanism with multiple mathematical formulas and temporal applicability rules."},"complexity_factors":["Multiple fee calculation methods: fee units (sections 2A, 48C Acts Interpretation Act), fixed dollar amounts (Schedules 1-3), and CPI-indexed formulas with superannuation adjustments (sections 14B-14E)","Extensive cross-referencing to Uniform Civil Procedure Rules 1999, Acts Interpretation Act 1954, and other legislation (Corporations Act, Public Sector Act 2022, etc.)","Nested conditional logic for fee reductions: primary eligibility (sections 8-10) → exclusions (vexatious proceedings, section 7(2)) → timing rules (section 7(3)-(5)) → refund mechanisms (section 12)","Multiple rounding rules depending on amount brackets (section 2A: 5 cents, 10 cents, dollar, $10 increments)","Complex transitional provisions preserving rights under repealed 2009 regulation (sections 31-37) including 'corresponding provision' mapping","Differential treatment of bailiffs: full-time public servants vs others (section 3(6)-(7)), and after-hours work restrictions","Tiered attendance allowances with 5 different time brackets for professional witnesses (section 25(2)) and special GST adjustment rules (section 28)","Remote attendance modifications: sections 19A and 21A adjust travel/accommodation calculations for audio/visual links from non-court locations"],"plain_english_summary":"This regulation sets out the fees you must pay when using Queensland's civil courts (Supreme Court, District Court, Magistrates Courts, and Planning and Environment Court). It covers everything from filing documents to setting down cases for trial, and includes special rules for people who can't afford standard fees.\n\n**Key things it does:**\n\n*   **Sets court fees:** Schedules 1–3 list specific fees for different courts and types of proceedings. Fees are calculated using \"fee units\" (a standard value set by government that gets multiplied to work out the actual dollar amount).\n*   **Explains when fees are due:** For example, setting down fees and hearing fees must be paid before or shortly after trial dates are fixed (section 4). If you don't pay, the court can delay or cancel your hearing (section 5).\n*   **Provides refunds:** You can get 75% of setting down and hearing fees back if you cancel at least 10 business days before the hearing (section 6).\n*   **Helps people who can't afford fees:** Individuals on government benefits (pension cards, Legal Aid, youth allowance, etc.) can apply to pay reduced fees (section 8). Others facing financial hardship can also apply with proof of their situation (section 9). Corporations can apply too, but only if they genuinely can't find the money (section 10).\n*   **Covers service and enforcement:** Schedule 2A and new sections 14A–14F (added in 2025) set fees for bailiffs and enforcement officers, with automatic CPI-based increases each financial year.\n*   **Pays witnesses and interpreters:** Part 3 sets daily allowances for travel, accommodation, and attendance for witnesses (professional and non-professional), experts, and interpreters. Special rules apply for prisoners who lose wages while attending court.\n*   **Protects state entities:** Government bodies don't have to prepay fees, but can recover them if they win (section 16).\n\n**Who it affects:** Anyone starting or defending a civil case in Queensland courts, lawyers, court staff, witnesses, interpreters, and enforcement officers."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulation remains focused on court fees and allowances but has expanded operational scope compared with the 2009 instrument. Notable scope changes include (a) automatic annual indexing for certain service/enforcement fees using a Brisbane CPI multiplier and the Superannuation Guarantee 'charge percentage' (ss 14C–14E), (b) broadened, document-backed registrar-based reduced-fee procedures with specific eligibility categories (s 8) and summary financial hardship processing (s 9), and (c) added technical rounding and conversion rules for fee units (s 2A). These additions move some fee-setting mechanics out of ad hoc legislative amending and into ongoing administrative calculation and registrar discretion, increasing the regulation’s operational footprint while keeping its core purpose (setting fees and allowances) intact."},"complexity_factors":["Multiple cross-references to other instruments (Uniform Civil Procedure Rules 1999; Acts Interpretation Act 1954; Public Sector Act 2022; Superannuation Guarantee (Administration) Act 1992; Evidence Act 1977; Corrective Services Act 2006).","Rounding and conversion rules (s 2A) with multiple bands and examples.","Indexed fee mechanism (ss 14A–14E) using Brisbane CPI and, for some items, the Superannuation Guarantee 'charge percentage', plus annual publication duty (s 14F).","Separate fee regimes and schedules for different courts (schedules 1, 2, 2A, 3) and parts of the regulation (Parts 2–3).","Multiple classes of fee-payers and exceptions (plaintiff/applicant/appellant; corporations; state-related persons; registrars/enforcement officers exempt) (ss 3–4, 7, 16).","Registrar discretion across several functions (granting reduced fees, summary financial determinations, approving additional witness payments, requiring deposits) (ss 8–10, 27, 13, 18).","Detailed witness/interpreter allowance schedules with tiered daily/hourly rates and special rules (ss 21–26).","Refund and transitional rules including carry-over from the 2009 regulation and specific transitional provisions (ss 30–37).","Conditional and nested rules (e.g. reduced-fee orders affecting whether setting-down/hearing fees are payable (s 7)).","Multiple amendments over time referenced in text (2019–2025) increasing interpretive layers."],"plain_english_summary":"**What this regulation does (mechanics first)\n\n- Sets the fees and witness/interpreter allowances that apply in Queensland civil courts (Supreme, District, Magistrates and Planning & Environment Court). It also prescribes who must pay, when fees are payable, when partial refunds apply, and how certain fees are adjusted over time. (See parts 2 and 3.)\n\n- Implements rules for how fees expressed in \"fee units\" are converted into dollars and how dollar figures are rounded. (s 2A)\n\n- Requires payment of \"setting down\" and \"hearing\" fees for trials/hearings except short (one day or less) or interlocutory hearings; specifies who normally must pay those fees (plaintiff, applicant, appellant) and the timing for payment; and gives the court power to deal with non-payment (listing, vacating dates, or requiring leave). (ss 4–5)\n\n- Provides a 75% refund rule for setting-down/hearing fees if a timely approved refund request is made and the hearing does not happen. (s 6)\n\n- Creates a mechanism for reduced fees:\n  - Individuals with specified Commonwealth concession cards or who have legal aid/public trustee assistance can apply to a registrar for approval to pay a reduced fee (registrar must approve on proof). (s 8)\n  - Individuals unable to pay (financial hardship) can apply to a registrar for reduced fees; the registrar may decide summarily on the evidence provided. (s 9)\n  - Corporations (except in Corporations Act or Admiralty Act matters) may apply to a registrar to pay a reduced fee if they cannot reasonably obtain funds from another source. (s 10)\n  - Registrar decisions are reviewable by the court. (s 11)\n  - If a reduced-fee order is made after a party already paid the higher fee, the registrar must refund the excess. (s 12)\n\n- Allows registrars/sheriffs/marshals to require deposits on account of fees and to note deposits on the court file. (ss 13, 18)\n\n- Exempts state-related persons (the State, the Sovereign, bodies funded from the consolidated fund) from prepaying court fees; but if the State has paid fees it can recover them if judgment is entered against another party. (s 16)\n\n- Sets out witness and interpreter allowances (travel, accommodation, attendance) and the methods for calculating them (rates, per-kilometre or public transport, air travel classes for experts, linkage to Public Sector Act rates). Also allows a registrar to approve extra payment in special circumstances (for example, specialist medical practitioners). GST treatment is clarified. (ss 19–29, 27–28)\n\n- Introduces an indexing system for certain service and enforcement fees in schedule 2A: a fixed amount for 2025–26, then from 2026–27 onward certain fees are adjusted annually using a CPI multiplier (Brisbane CPI) and, for some fees, a formula that also uses the Superannuation Guarantee \"charge percentage\". The chief executive must publish the worked fee amounts. (ss 14A–14F)\n\n- Repeals the prior 2009 regulation and provides a set of transitional provisions to carry over pending refund requests, pending applications, reviews and certain unpaid fees under the prior regulation. (ss 30–37)\n\nWhy the regulation matters (stated purpose and practical consequences)\n\n- Officially: it standardises the schedule of court fees, witness payments and processes for fee relief and refund so courts and court users know the charges and procedures. The indexing provisions aim to keep some service/enforcement fees up to date with inflation and a statutory charge measure.\n\n- Who pays and who decides: generally plaintiffs, applicants or appellants pay setting-down/hearing fees (s 4). Registrars have substantial administrative decision-making power over reduced-fee applications, refunds and deposits (ss 8–13, 18). The court retains supervisory power (non-payment consequences, review of registrar decisions) (ss 5, 11).\n\nCosts, incentives, trade-offs and likely behavioural effects\n\n- Who bears the cost: ordinary litigants bear most direct fees. State-related parties are relieved from prepayment (s 16), concentrating an advantage on public entities.\n\n- Incentives to litigants: prepayment requirements and non-refundable portions (only 75% refunded in some cases, s 6) increase the cost of filing and help deter casual filings; the availability of reduced fees (ss 8–10) creates an alternative for low-income individuals, young recipients of Commonwealth payments and legally assisted clients. Corporations have a narrower path to relief (must show inability to obtain funds from elsewhere) (s 10).\n\n- Administrative costs and discretion: registrars are given broad summary powers to decide hardship and approved reduced-fee applications with statutory evidence rules (ss 8–9). That reduces procedural delay but concentrates discretion and administrative burden on registry staff.\n\n- Indexing and predictability: indexing certain enforcement/service fees to the Brisbane CPI (and, for some fees, also to the Superannuation Guarantee charge percentage) (ss 14C–14E) automates fee adjustments, reducing the need for frequent legislative fee changes but introduces an ongoing technical calculation and rounding regime (s 2A, ss 14D–14E). Rounding rules and the CPI formula add calculation complexity and modest precision risk.\n\n- Risk of substitution or gaming: predictable indexing may encourage cost-reflective pricing for enforcement services, but also shifts small increases to all users over time. The reduced-fee scheme may lead some litigants to apply for relief rather than pay and litigate cost recovery later.\n\nImplementation and compliance issues\n\n- Implementation requires registry processes to accept prescribed evidence forms, carry out summary financial assessments, process refunds and publish yearly indexed fees (ss 8–12, 14F).\n\n- Cross-references to multiple statutes and rules (Uniform Civil Procedure Rules, Acts Interpretation Act, Public Sector Act, Superannuation Guarantee Act, Evidence Act, Corrective Services Act) add administrative integration requirements.\n\nKey sections to look at quickly: rounding and conversion (s 2A); who pays and timing of setting-down/hearing fees (s 4); non-payment and refunds (ss 5–6); reduced-fee applications and registrar powers (ss 8–12); indexing of schedule 2A fees (ss 14A–14F); witness, interpreter and prisoner-related allowances (ss 21–29); state-related exemptions (s 16); transitional and repeal (ss 30–37)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2019 regulation was a straightforward replacement of the 2009 fees regulation, covering court fees and witness allowances. Over time, its scope expanded materially: a new Schedule 2A and Division 2A were added to create a separate CPI-indexed fee regime for service and enforcement functions, with an annual automatic adjustment mechanism (sections 14A–14F, inserted 2025) that did not exist in the original. The regulation also expanded to address audio and video link appearances for witnesses (sections 19A, 21A, inserted 2024), and added further transitional provisions for the 2025 amendment regulation (section 37). These additions go beyond the original intent of simply prescribing static fee amounts."},"complexity_factors":["Multiple court jurisdictions covered (Supreme, District, Magistrates, Planning and Environment), each with different fee schedules","Fee amounts expressed as 'fee units' requiring mathematical conversion with tiered rounding rules","Complex CPI-based annual indexing formula for service and enforcement fees from 2026, incorporating superannuation charge percentages","Multiple overlapping pathways for fee reduction (sections 8, 9 and 10) with different eligibility criteria and procedures","Detailed witness allowance calculations with sub-categories based on witness type, hours of absence, age, and employment status","Interaction with numerous other Queensland and Commonwealth statutes (Legal Aid Queensland Act, Social Security Act, Corrective Services Act, Corporations Act, etc.)","Transitional provisions preserving rights and obligations from two prior regulatory regimes","Special rules for bailiffs, public service officers, state-related persons, prisoners, specialist doctors, and corporate parties","Different treatment for audio/video link appearances vs. physical attendance","GST implications for certain professional allowances"],"plain_english_summary":"This Queensland regulation sets the fees required to start and run civil court proceedings and the travel, accommodation and attendance allowances paid to witnesses and interpreters. It applies to anyone suing or sued in Queensland courts, plus witnesses, interpreters, businesses, bailiffs and enforcement officers involved in proceedings.\n\nIt matters because it fixes how much it costs to access and enforce legal rights, who can get reduced fees, how witnesses are compensated, and how certain fees will be indexed over time."}},"importantCases":[],"_links":{"self":"/api/acts/uniform-civil-procedure-fees-regulation-2019","history":"/api/acts/uniform-civil-procedure-fees-regulation-2019/history","analysis":"/api/acts/uniform-civil-procedure-fees-regulation-2019/analysis","conflicts":"/api/acts/uniform-civil-procedure-fees-regulation-2019/conflicts","importantCases":"/api/acts/uniform-civil-procedure-fees-regulation-2019/important-cases","documents":"/api/acts/uniform-civil-procedure-fees-regulation-2019/documents"}}