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,