Civil Judgments Enforcement Regulations 2005
Sch 3Fees to be paid for anything done by the Marshal in Admiralty
Start here
Get a plain-English read of Sch 3
Turn the raw legal text into a practical explanation grounded in Civil Judgments Enforcement Regulations 2005.
Schedule 3 — Fees to be paid for anything done by the Marshal in Admiralty
| Item | Matter | Fee | | 1. | For receiving and entering a warrant or release | $184.00 | | 2. | For receiving and entering a writ of summons, decree, order, commission or other instrument under the seal of the Supreme Court | $73.50 | | 3. | For service of a writ of summons | $174.00 | | 4. | For executing a warrant for the arrest of a ship or other property | $433.00 | | 5. | For service of a writ of summons at the same time as a warrant of arrest is executed, in lieu of items 3 and 4 | $527.00 | | 6. | For the execution of an attachment — for each person | $174.00 | | 7. | For the release from arrest of a vessel, goods or a person | $110.50 | | 8. | For attending the discharge of cargo, or removal of a vessel or goods, per hour | $110.50 | | 9. | For the execution of a commission of appraisement or sale, or appraisement and sale, in addition to the fees paid to the appraiser or auctioneer | $372.00 | | 10. | For the execution of a decree or order, commission or other instrument other than those provided for in another item of this Schedule | $174.00 | | 11. | Commission on the gross proceeds of a vessel or goods sold — | | | | (a) for amounts up to and including $63 000 | A fee at the rate of 4.00% | | | (b) for the balance over $63 000 | A fee at the rate of 2.00% | | 12. | (a) For retaining possession of a vessel with or without cargo, or of cargo without a vessel, the expenses per day actually paid in respect of a shipkeeper or shipkeepers | The reasonable amount paid | | | (b) For each day or part of a day that the Marshal retains possession of a vessel with or without cargo, or of cargo without a vessel, in addition to paragraph (a) | $110.00 | | | (c) For the safe custody of property under arrest | The reasonable amount paid | | | Notes for this item:<br>1. For the purposes of paragraph (b), if the possession is for a lengthy period, this fee may be reduced at the discretion of the Marshal.<br>2. For the purposes of paragraph (c), no fee is payable for the custody and possession of property under arrest if —<br>(a) it consists of money in a bank; or<br>(b) it consists of goods stored in a bonded warehouse; or<br>(c) it is in the custody of a customs house officer, or other authorised person. | | | 13. | If the Marshal or any of the Marshal’s officers is required to travel for the purpose of discharging their duty — in addition to the above fees | Reasonable expenses incurred for travelling, board and maintenance | | 14. | If the Marshal or other person employed under the Marshal is necessarily put to and incurs extra effort and expense in the discharge of a function incidental to their office or employment or for the performance of a function not otherwise provided for in this Schedule | A reasonable amount or reasonable additional amount approved by the Marshal |