9Payment of hearing allocation fees

9 Payment of hearing allocation fees

9 Payment of hearing allocation fees

(1) This clause applies in relation to civil proceedings in the Supreme Court or the District Court.

(2) A hearing allocation fee in relation to any proceedings is payable—

(a) if the court makes an order as to the payment of the fee—by the parties in the proportions so ordered, or

(b) if the hearing involves a cross-claim only—by the cross-claimant, or

(c) in any other case—by the plaintiff (and not by any cross-claimant).

(3) If a party is carrying on proceedings by a solicitor or other person, the party and solicitor or other person are jointly and severally liable for the payment of the hearing allocation fee.

(4) A hearing allocation fee is not payable in relation to an interlocutory hearing or to a trial for the assessment of damages only.

(5) A hearing allocation fee becomes payable—

(a) immediately after a date is allocated for hearing the proceedings, or

(b) when the court or a registrar notifies the parties in writing of the court’s intention to allocate a date for hearing the proceedings,

whichever first occurs.