4Fees payable in relation to court proceedings

#### 4 Fees payable in relation to court proceedings 4 Fees payable in relation to court proceedings > > (1) This clause applies in relation to civil proceedings in the following courts— > > > > > (a) the Supreme Court, > > > > > (b) the Land and Environment Court, > > > > > (c) the District Court, > > > > > (d) the Local Court. > > > (2) The fee that a person must pay in respect of a matter referred to in Column 1 of Schedule 1 is— > > > > > (a) the fee specified in respect of that matter in Column 2 of that Schedule, or > > > > > (b) if the person is a corporation or an incorporated partnership and a fee is specified in respect of that matter in Column 3 of that Schedule, the fee so specified. > > > > Note. > > > > The fees in relation to particular courts are set out in Parts 1–4 of Schedule 1. The fees common to all courts are set out in Part 5 of that Schedule. > > > (2A) A fee specified in Schedule 1 is expressed as a fee unit unless otherwise specified. > > > (3) For the avoidance of doubt, the fee payable by a corporation or an incorporated partnership that commences or carries on proceedings in the name of a natural person pursuant to a right of subrogation is the fee applicable to a corporation or an incorporated partnership. > > > (4) Despite subclauses (2) and (3), the fee payable by a corporation or an incorporated partnership that produces evidence, satisfactory to a registrar of the court— > > > > > (a) that its turnover, in the financial year of the corporation or incorporated partnership immediately preceding the financial year in which the fees are to be taken, was less than $200,000, or > > > > > (b) if the corporation or incorporated partnership has not been in existence for a full financial year, that its turnover in its first financial year is likely to be less than $200,000, > > > > is the fee specified in Column 2 of Schedule 1. > > > (5) Despite subclause (2), no fee is payable in relation to the filing of notice of motion for any of the following— > > > > > (a) an application for the issue of any process for which a fee is otherwise payable under Schedule 1, > > > > > (b) an application for an instalment order, > > > > > (c) an application for a writ of execution, > > > > > (d) an application for a garnishee order, > > > > > (e) an application for a charging order, > > > > > (f) an application for a default judgment, > > > > > (g) any application in relation to proceedings in the Local Court sitting in its Small Claims Division other than an application for an examination order. > > > (6) Despite subclause (2), no fee is payable in relation to the filing of an originating process by which a question of law is referred to the Supreme Court for decision under— > > > > > (a) section 61 of the [Australian Securities and Investments Commission Act 2001](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (b) section 659A of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > > (7) (Repealed) > > **cl 4:** Am 2022 (335), Sch 2\[2\]; 2023 No 41, Sch 2.7.