Schedule Sch 2 - Civil Judgments Enforcement Regulations 2005 - Sheriff’s fees

Schedule 2 — Sheriff’s fees

| Item | Action | Fee | | 1. | (a) Service of any process when personal service is not required under the Act | $83.50 | | | (b) Service of any process when personal service is required under the Act | $114.50 | | | (c) Service of any process by post, including postage | $56.00 | | | Notes for this item: 1. The fee under paragraph (a) or (b) is payable whether or not the service is successful and covers up to 3 attempts at service at the same address. | | | | 2. The fee is not payable in respect of any process that is served in conjunction with any process requiring attendance at a court by the party to be served. | | | | 3. The fee includes the costs of receiving and printing the process and the completion of any certificate of the service. | | | 2. | For enforcing a judgment by means of a property (seizure and sale) order | $262.00 | | | Notes for this item: 1. The fee is payable whether or not the Sheriff’s functions under the order are performed and covers up to 3 attempts to perform the functions at the same address. | | | | 2. The fee includes the costs of — (a) receiving and printing the order; and (b) attendances and inquiries before attempting seizure; and (c) service of any notice required before seizure; and (d) seizure and preparing an inventory of any personal property seized; and (e) granting walking possession; and (f) making a report to the creditor. | | | 3. | For enforcing a judgment by means of a property (seizure and delivery) order | $211.00 | | | Notes for this item: 1. The fee is payable whether or not the Sheriff’s functions under the order are performed and covers up to 3 attempts to perform the functions at the same address. | | | | 2. The fee includes the costs of — (a) receiving and printing the order; and (b) attendances and inquiries before attempting seizure and delivery; and (c) an appointment to deliver property; and (d) removal of a person from land; and (e) supervision of lock and security changes to premises; and (f) securing seized property; and (g) delivering seized property to the person entitled to it in accordance with the order; and (h) making a report to the person entitled to the benefit of the order. | | | 4. | For inspection of personal property under seizure | $110.00 | | | Note for this item: If the Sheriff has several enforcement orders, 1 fee is payable for the first enforcement order in priority. | | | 5. | For possession of personal property under seizure per day | $12.05 | | | Notes for this item: 1. The fee is payable for actual possession of personal property seized. | | | | 2. The fee is payable for a maximum of 10 days. | | | | 3. If this fee is paid, a fee is not payable under item 16(d). | | | 6. | If travel is necessary to perform a function under an enforcement order, to serve a process or document, to make an arrest under a warrant or for an attempt, attendance or inspection from the Sheriff’s or a bailiff’s office — | | | | (a) for each kilometre travelled (1 way) in the metropolitan area | $2.65 | | | (b) for each kilometre travelled (1 way) outside the metropolitan area | $3.00 | | | Notes for this item: 1. If more than 1 of the actions referred to in item 6 is done in relation to the same person, or on different persons at the same address, only 1 fee for kilometres travelled is chargeable. | | | | 2. The Sheriff may allow an enforcement officer an additional fee for travel to meet or partially offset any additional expenses arising from special and unusual circumstances. | | | 7. | Preparation for the sale of real or personal property | $1 094.00 | | | Note for this item: The fee includes — (a) Personal Property Securities Register and other official records searches; and (b) bill of sale or encumbrance searches or investigation; and (c) carrying out an advertising program; and (d) preparing particulars and conditions of sale. | | | 8. | For attendance at sale | $174.00 | | | Note for this item: The fee includes — (a) conducting a sale; and (b) cancelling a sale. | | | 9. | Commission for enforcing a judgment by means of a property (seizure and sale) order or for money recovered by the Sheriff or judgment creditor after seizure under the order — | | | | (a) for amounts up to and including $13 500 | A fee at the rate of 5.00% | | | (b) for the balance over $13 500 | A fee at the rate of 2.50% | | | Notes for this item: 1. For the purpose of this item, seizure includes — (a) in respect of real property, registering a property (seizure and sale) order under the or the ; and (b) the seizure of personal property in the possession or apparent possession of the judgment debtor; and (c) the seizure of books of account in the possession of the judgment debtor. | | | | 2. If money is recovered as a consequence of a sale conducted by a licensed auctioneer instructed by the Sheriff, commission is to be charged at one‑half the rate prescribed in this item. | | | | 3. If a sale, whether by public auction or otherwise, is conducted by the Sheriff without the involvement of an auctioneer or agent, the commission rate prescribed in paragraph (a) is to be increased by 1.00%. | | | | 4. Commission is to be calculated on the amount recovered or the judgment amount, whichever is the lesser. | | | 10. | Commission for delivering possession of — | | | | (a) personal property, assessed on the value of the property delivered — | | | | (i) for amounts up to and including $13 500 | A fee at the rate of 5.00% | | | (ii) for the balance over $13 500 | A fee at the rate of 2.50% | | | (b) real property, assessed on the annual rental value of the property delivered — | | | | (i) for amounts up to and including $13 500 | A fee at the rate of 5.00% | | | (ii) for the balance over $13 500 | A fee at the rate of 2.50% | | | Note for this item: If real property is delivered in accordance with a property (seizure and delivery) order made by the Magistrates Court, the maximum amount payable under paragraph (b) is $571.00. | | | 11. | On the execution of an arrest warrant of any kind — | | | | (a) for preparing to arrest, and arresting, the person | $211.00 | | | (b) for conveying the person from the place of arrest to appear before a judicial officer in a court, or to a custodial place, and releasing the person from arrest or custody | $209.00 | | | (c) for each 30 minutes after 2 hours and 30 minutes that an enforcement officer is required to keep the person in custody until the person is conveyed to a court or a custodial place | $55.00 | | | Notes for this item: 1. The fee under paragraph (a) is payable whether or not the Sheriff’s functions under the warrant are performed and includes up to 3 attempts to perform the functions at the same address. | | | | 2. The fee under paragraph (a) includes the costs of — (a) receiving and printing the warrant; and (b) attendances and inquiries before attempting arrest; and (c) giving any notice; and (d) making any report. | | | | 3. The fee under paragraph (b) is payable whether or not the place of arrest is the court building or custodial place and whether or not the person is conveyed to a court or a custodial place in a vehicle. | | | 12. | For each half hour or part of a half hour it is necessary for an enforcement officer to engage an assistant to perform a function — | | | | (a) in relation to the execution of an arrest warrant | $55.00 | | | (b) in accordance with a property (seizure and delivery) order | $55.00 | | | (c) in accordance with a property (seizure and sale) order | $55.00 | | 13. | If an enforcement officer is necessarily put to and incurs extra effort and expense in the discharge of a function incidental to the officer’s office, employment or engagement or for the performance of a function not otherwise provided for in this Schedule | A reasonable amount or reasonable additional amount approved by the Sheriff | | 14. | For an auctioneer’s or agent’s commission, advertising and sundry expenses on account of sale by auction or otherwise of real or personal property, whether or not the sale takes place | A fee fixed in accordance with a recognised scale of charges for auctioneers or agents in the State or another reasonable fee approved by the Sheriff | | 15. | If a sale of real or personal property takes place by auction or private contract or if no sale takes place — | | | | (a) for advertising and giving publicity to the sale or intended sale, printing catalogues and bills and distributing and posting them | The reasonable amount paid | | | (b) for labour, if any, employed in lotting and showing personal property, preparing catalogues and, if a sale takes place by auction, attending the sale and supervising the removal of property by its purchaser | The reasonable amount paid | | | (c) travelling expenses | The reasonable amount paid | | 16. | (a) For out‑of‑pocket expenses incurred by an enforcement officer while performing a function in accordance with an enforcement order or executing a warrant | The reasonable amount paid | | | (b) For clerical assistance when necessary | The reasonable amount paid | | | (c) For storing personal property which has been seized and insuring the property for loss due to fire, theft or damage and, in the case of a motor vehicle, for accident and third party risk | The reasonable amount paid | | | (d) For removal or cartage expenses | The reasonable amount paid | | | (e) For agistment, costs of care and feed and other necessary costs in respect of animals or livestock under seizure, whether or not they are removed | The reasonable amount paid | | 17. | If GST (as defined in the (Commonwealth) section 195‑1) is payable on a service listed in this Schedule of fees, the fee for the service is the applicable fee in this Schedule, increased by 10% | | | 18. | For issue of a duplicate of an enforcement order or a document | $26.10 | | 19. | Copies of documents — | | | | (a) copies of enforcement orders — for each page | $2.75 | | | (b) for certifying that a document is a true copy — additional fee | $30.30 |

Sch 2Sheriff’s fees

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