LOCAL COURT REGULATIONS 2016

Justice of the Peace constituting the Court. A JP is a person appointed as a justice of the peace under the Justices Act 1928 (NT). When the regulations say the Court may be constituted by a JP, it means the JP sits as the Local Court in criminal proceedings, not as a separate magistracy. The JP exercises the Court’s criminal jurisdiction, not any inherent JP powers.

Summary offence and indictable offence heard summarily. A summary offence is a minor criminal matter that must be dealt with in the Local Court. An indictable offence is a more serious matter that may, in some circumstances, be heard and determined summarily in the Local Court with the consent of the prosecution and defendant. The regulations draw a sharp distinction: two or more JPs may hear and determine a summary offence (if no judge available), but for indictable offences heard summarily, JPs may only do preliminary things. A single JP can never hear an indictable offence, even if the parties consent and the offence is minor.

Preliminary matters. Regulation 3(2)(a) and 5(2)(a) refer to “anything preliminary to the hearing of the charge”. This would include bail applications (subject to regulation 6), mention appearances, adjournments, procedural directions, and case management. The regulations do not define the boundary between preliminary and final determination, leaving that to judicial interpretation in practice.

Revenue units. All fees in the Schedule are expressed in revenue units. The Interpretation Act 1978 (NT) provides that one revenue unit equals a dollar amount set by regulation (currently around $1.57 as of 2021, but subject to periodic adjustment). Practitioners must not treat the Schedule figures as dollar amounts; the actual dollar cost depends on the revenue unit conversion in force at the time of payment.

Exemptions and waivers. The regulations create distinct categories: (1) no fees at all for domestic violence and personal violence restraining order proceedings (regulation 8); (2) exemption for the Territory in civil proceedings from filing and taxation fees (regulation 9); (3) exemption for parties in civil proceedings from inspection fees (regulation 10); (4) exemption for police and specified agency employees from criminal filing, summons, service, warrant and photocopying fees unless the Court orders otherwise (regulation 11); and (5) hardship waiver for specified civil and criminal fees at the registrar’s discretion (regulation 12). These are not automatic entitlements; each has conditions.

Casting vote. Regulation 4 contains tie-breaking rules when the Court is constituted by two or more JPs. If two JPs disagree, the decision of the JP first appointed as a JP prevails. If more than two JPs and an equality of votes, the first-appointed JP’s view prevails. This uses appointment date as a proxy for seniority, which is a simple but potentially arbitrary rule.

The regulations directly affect several categories of persons and entities.

Defendants in minor criminal matters. Any person charged with a summary offence that is not punishable by imprisonment and carries a maximum fine of not more than 10 penalty units may have their matter heard by a single JP, but only if they give written consent. If they do not consent, the matter must be heard by a Judge or two JPs (if no Judge available without unreasonable delay). Defendants in domestic violence or personal violence restraining order proceedings benefit from fee exemption, but that is the only substantive benefit; the regulations impose no obligations on them.

Parties in civil proceedings. Any person filing a statement of claim, originating application, appeal, or other initiating process in the Local Court must pay the prescribed fee. The fee escalates with the amount claimed: 232 revenue units for claims between $5,000 and $10,000; 355 for $10,000 to $20,000; 435 for $20,000 or more. For small businesses and individuals pursuing modest claims, these fees are a non-trivial cost of accessing justice. The hardship waiver is available only for filing, taxation, orders, and inspection fees, not for service or warrant execution fees.

The Territory and its agencies. The Territory as a party in civil proceedings is exempt from filing and taxation fees but must pay the equivalent amount to the Court if it recovers those amounts from the judgment debtor (regulation 9). This creates an accounting obligation. In criminal proceedings, police officers and agency employees are exempt from most fees unless the Court orders otherwise. This reduces the cost of enforcement for the state but does not eliminate the compliance burden of tracking and accounting for fees.

Registrars and bailiffs. Registrars have the discretion to waive fees on hardship grounds, subject to written directions from the principal registrar. Bailiffs are entitled to collect prescribed fees for service and execution of warrants. The bailiff fee for serving a document is 125 revenue units (payable after service or two unsuccessful attempts). For execution of a warrant of seizure and sale, the fee ranges from 91 to 180 revenue units depending on the value of property to be seized. These fees are payable to the bailiff on demand.

Justices of the Peace. JPs who sit as the Local Court must understand the limits on their jurisdiction. A single JP cannot hear a matter that carries imprisonment, even if the fine is low. Two JPs cannot hear an indictable offence summarily. JPs must be physically present and acting together (regulation 4(1)). The casting vote rule based on appointment date may create confusion if JPs cannot easily determine who was appointed first.

Legal practitioners. Lawyers advising clients in the Local Court must factor fees into case strategy. The fee for filing a bill of costs for taxation is 385 revenue units, a significant cost that may deter parties from challenging a costs assessment. The fee for a re-hearing application is 271 revenue units. These costs may shift the economics of small litigation.

Members of the public accessing court records. Inspection of case files, judgments, orders, and exhibits costs 22 revenue units per item. Transcripts cost 14 revenue units per page plus 10 revenue units for certification. Photocopying is 2 revenue units per page. These are not trivial charges for journalists or researchers.

Duty of JPs to act together and decide consistently with the regulations. Regulation 4(1) requires that if two or more JPs constitute the Court, all must be present and acting together. They cannot delegate or take turns. If two JPs sit and disagree, the one first appointed decides (regulation 4(2)(b)). If more than two and an equality of votes, the first appointed decides (regulation 4(3)(c)). This imposes on JPs a duty to ascertain their appointment dates and to apply the rule mechanically.

Right of a party to withhold consent to a single JP. Under regulation 5(3)(d), a single JP may hear and determine a charge only if the parties have given written consent. A party can refuse consent for any reason or for no reason. This is a significant procedural right for defendants: they can force the matter to be heard by a Judge (or two JPs if a Judge is unavailable). There is no right to choose which JP hears the matter if consent is given.

Right of the Territory to exemption and recovery. Regulation 9 entitles the Territory to exemption from civil filing and taxation fees, but also imposes a duty to account: on recovery of a judgment debt that includes the fee equivalent, the person acting for the Territory must pay that amount to the Court. This prevents the Territory from profiting from the exemption.

Right of parties to seek hardship waiver. Regulation 12 gives a registrar the power to waive all or part of specified fees if satisfied that payment would cause financial hardship. The registrar must act subject to any written directions from the principal registrar, meaning the discretion may be constrained by internal policy. The list of waivable fees does not include criminal summons issue fees, criminal service fees, criminal warrant fees, criminal orders for payment fees, transcript fees, or photocopying fees. A litigant in severe hardship who cannot afford the 23 revenue unit summons fee cannot seek waiver under this regulation.

Duty to pay fees at specified times. The Schedule specifies when each fee is payable: at time of filing, on demand, before summons issued, before service attempted, before warrant issued or executed, or on execution. Regulation 7(3)(b) confirms this. Failure to pay at the required time may result in the Court not processing the filing, not issuing the summons, or not executing the warrant. There is no statutory grace period.

Duty of bailiff to charge prescribed amounts. Bailiffs must charge the fees set out in Schedule items 5 and 6. They cannot negotiate lower fees; they also cannot charge more. The fee for service is payable after service or after two unsuccessful attempts. The fee for execution of a warrant of possession is 136 revenue units.

The regulations themselves do not create criminal penalties or civil pecuniary penalties for non-compliance. They are regulatory in nature, setting the boundaries for court constitution and fee obligations. Enforcement mechanisms are indirect.

Failure to pay fees. If a person required to pay a fee does not pay it at the prescribed time, the Court may refuse to accept the filing, not issue the summons, or not execute the warrant. The regulations do not provide for late payment, interest, or penalties for non-payment. The practical consequence is that the proceeding or step cannot proceed until the fee is paid. For a defendant in criminal proceedings, non-payment of a filing fee by the prosecution is rarely an issue because police and agency employees are exempt (regulation 11). But a self-represented litigant or a small business filing a civil claim will simply be turned away if the fee is not paid.

Recovery of fees by the Territory. Regulation 9(3) allows the Territory to recover the fee equivalent from the judgment debtor as if it were a cost incurred. This means the Territory can treat the unpaid fee as a cost of proceedings and enforce it through the judgment. However, regulation 9(4) requires the Territory to pay the amount recovered to the Court. Failure to pay over may be a breach of regulation but the regulations do not create a specific penalty. It would likely be addressed as an internal accounting matter.

Bailiff fees for service and execution. The bailiff fee for service is payable on demand after service or after two unsuccessful attempts. If the person requesting service does not pay, the bailiff may not proceed with further attempts. For execution of warrants, the fee is payable on execution; if the execution yields no proceeds, the bailiff presumably cannot claim the fee from the debtor and the requesting party must pay it. The Schedule does not address the scenario where execution is unsuccessful.

No penalty for JP acting outside jurisdiction. If a JP erroneously hears a matter that the regulations do not permit (e.g., a single JP hearing an offence punishable by imprisonment without consent, or two JPs hearing an indictable offence summarily), the regulations themselves provide no express consequence. The Local Court Act 2015 or general law would govern whether the proceeding is void, voidable, or subject to appeal. This is a notable gap for a practitioner.

Enforcement of the hardship waiver discretion. If a registrar refuses to waive a fee and the applicant believes the decision is unreasonable, the regulations do not provide a review mechanism. The only avenue would be judicial review of an administrative decision, which adds cost and delay.

Local Court Act 2015. The regulations are made under this Act. Section 6(4) of the Act permits the court to be constituted by JPs as provided in regulations. The regulations fill that gap. The Act also governs the court’s jurisdiction generally; the regulations do not enlarge or restrict that jurisdiction beyond specifying when JPs may exercise it.

Domestic and Family Violence Act 2007 and Personal Violence Restraining Orders Act 2016. Regulation 8 provides that no fees are payable for proceedings under either Act. This ensures that protective order applications are not deterred by cost. It is a deliberate carve-out from the general fee regime.

Bail Act 1982. Regulation 6 permits one JP to perform the court’s functions under the Bail Act, except as otherwise provided in that Act. This means a single JP can grant or refuse bail in appropriate cases, consistent with the Bail Act’s own provisions. The Bail Act itself may limit which JPs can act or require certain factors to be considered.

Service and Execution of Process Act 1992 (Cth). Schedule item 1(j) prescribes a fee of 134 revenue units for filing a judgment for registration under section 105 of the Commonwealth Act. This allows a Local Court judgment to be enforced in other states and territories.

Evidence (National Uniform Legislation) Act 2011. Schedule item 14 prescribes a fee of 42 revenue units for a certificate given under section 178 of that Act. This certificate relates to certain evidentiary matters and is a comparatively low fee.

Local Court (Civil Jurisdiction) Rules 1998 and Local Court (General) Rules 2016. The Schedule repeatedly cross-references these rules to define the types of applications, orders, and procedures for which fees are payable. For example, item 1(a) refers to a statement of claim or originating application under Part 7 of the Civil Jurisdiction Rules. Item 5 refers to bailiff fee for service under rule 5 of the General Rules. A practitioner must have both sets of rules at hand to match the fee to the step.

Public Sector Employment and Management Act 1993. Regulation 11(1)(b) defines who is an exempt person in criminal proceedings by reference to an “employee” or “Chief Executive Officer” within the meaning of that Act. This ties the exemption to public sector employment categories.

Interpretation Act 1978 (NT). The use of revenue units relies on the Interpretation Act for conversion to dollars. The regulations do not state the dollar value; that changes over time.

The regulations were made as SL No. 16 of 2016, notified 29 April 2016, and commenced on 1 May 2016 (coinciding with the commencement of the Local Court Act 2015). Since then, three amendment instruments have been made.

Local Court Amendment Regulations 2016 (SL No. 28, 2016). Notified and commenced 1 July 2016. This instrument amended the Schedule (probably adjusting fees or adding items, though the endnotes do not specify the exact changes). The original Schedule was replaced or modified within three months of commencement.

Local Court Amendment Regulations 2018 (SL No. 23, 2018). Notified and commenced 5 December 2018. This instrument substituted regulation 12 (the hardship waiver provision) and amended the Schedule. The previous regulation 12 may have had a different waiver scope. The substituted version limits waivable fees to items 1,2,3,4 and item 8 (criminal filing fee). The amendment may have narrowed the waiver power or clarified it.

Justice Legislation Amendment Regulations 2021 (SL No. 18, 2021). Notified and commenced 3 November 2021. This instrument amended the Schedule. The nature of the amendments is not specified, but likely fee adjustments or addition of transcript fees (items 6A and 12A appear in the Schedule and may have been added by this amendment).

The endnotes also note general amendments of a formal nature made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) affecting regulations 1, 2, 6, 8 and 11 and the Schedule. These are likely updating references to legislation, not substantive changes.

The version as in force at 3 November 2021 is the one provided. Any later amendments are not reflected.

The source text does not reference any reported cases, judgments, or tribunal decisions involving these regulations. The regulations have been in force since 2016, and the lack of litigation history in the source material suggests they have not been the subject of significant judicial consideration, or that any decisions are not noted in the compilation.

However, the structure of the regulations creates several potential areas for dispute. Regulation 4’s casting vote rule based on earliest JP appointment date could be challenged if one JP disputes the other’s appointment date or if the rule is considered arbitrary or contrary to natural justice (one JP effectively overrules another without deliberation). No reported case is cited.

Regulation 5’s requirement of “written consent” from parties for a single JP to hear a charge could give rise to arguments about what constitutes valid consent, whether consent can be withdrawn, and whether the consent must be express or can be implied. The regulations do not prescribe a form.

Regulation 12’s hardship waiver creates a discretionary administrative power. If a registrar refuses waiver and the applicant believes the discretion was not properly exercised, judicial review proceedings could arise. Again, no case is cited.

Regulation 9’s requirement for the Territory to pay fee equivalents to the Court on recovery of judgment debt may be overlooked in practice. Non-compliance could lead to audit findings or internal disciplinary action, but no public litigation.

The lack of litigation history is itself notable. It may indicate that the regulations are straightforward in application, or that the stakes are low enough that parties do not challenge them. It may also reflect that the Northern Territory Local Court deals with a relatively small volume of proceedings compared to larger states.

Practitioners should not assume that unchallenged regulations are correct in all cases. The absence of litigation means unusual factual scenarios have not been tested.

Casting vote by earliest JP appointment date. Regulation 4(2)(b) and 4(3)(c) provide that if two JPs disagree or there is an equality of votes among more than two JPs, the decision of the JP who was first appointed as a JP prevails. This is a mechanical rule that does not account for experience, legal training, or the merits. A JP appointed decades ago but long inactive could outvote a newly appointed lawyer-JP. JPs and practitioners must know the appointment dates of all sitting JPs, which may not be universally known.

Single JP cannot hear imprisonable offence even if fine is low. Regulation 5(3)(b) requires that the offence be “not punishable by a term of imprisonment”. If the offence carries a theoretical imprisonment term even if rarely imposed (e.g., certain traffic offences with a maximum of 3 months), a single JP cannot hear it, even if the parties consent and the fine is small. The defendant’s consent does not cure this; the JP lacks jurisdiction.

Maximum fine of 10 penalty units for single JP. The single JP jurisdiction is also capped at a maximum fine of 10 penalty units (regulation 5(3)(c)). Even if the offence is not imprisonable, if the maximum fine exceeds 10 penalty units, a single JP cannot hear it. Some summary offences have fines above that threshold. The parties cannot consent to extend jurisdiction.

Written consent requirement is rigid. Regulation 5(3)(d) requires “written consent” from the parties. Oral consent or conduct is insufficient. If one party signs but the other does not, the single JP cannot proceed. The regulations do not specify a form or time for consent. Consent must be obtained before the hearing commences.

Hardship waiver covers limited fees only. Regulation 12 lists waivable fees: civil filing (item 1), taxation (item 2), orders (item 3), inspection (item 4), and criminal filing (item 8). Other fees such as civil service (item 5), bailiff execution (item 6), criminal summons issue (item 9), criminal service (item 10), criminal warrants (item 11), criminal orders for payment (item 12), and all transcript and photocopying fees (items 6A, 7, 12A, 13, 14) are not waivable under this provision. A litigant unable to afford a bailiff service fee has no explicit avenue for waiver. The principal registrar may give written directions that effectively extend waiver, but that is not guaranteed.

Timestamp for revenue unit conversion. The Schedule states fees in revenue units, not dollars. The dollar value changes over time. A party calculating costs must check the current revenue unit value. If the fee is paid at the wrong conversion, the Court may reject it.

Territory must pay over recovered fees. Regulation 9(3) and (4) create an accounting trap. The Territory is exempt from paying fees upfront, but if it recovers an amount equal to the fee from the judgment debtor as part of costs, it must pay that amount to the Court. If the Territory agency fails to do so, it is in breach of the regulations, even though no penalty is specified.

Two JPs may hear summary offences only if no judge available. Regulation 3(2)(b) allows two JPs to hear and determine a summary offence only if “there is no Judge available to constitute the Court to hear and determine the charge without the proceedings being unreasonably delayed”. This requires the JPs (or the registrar) to form a view about availability and reasonableness. If a Judge is available but it would cause delay, the JPs may proceed. The standard is vague and could lead to inconsistent application across courthouses.

Indictable offences heard summarily: JPs can only do preliminary matters. Regulation 3(3) plainly states that two or more JPs may do anything preliminary but cannot hear and determine the charge. A JP bench that inadvertently proceeds to hearing and sentencing risks a jurisdictional error.

No fees for domestic violence and personal violence proceedings. Regulation 8 is clear: no fees at all. A registrar who attempts to charge a fee for filing a DVO application would be acting outside the regulations. Conversely, a litigant who pays such a fee inadvertently may not be refunded automatically.

For a person filing a civil claim in the Local Court. Identify the correct fee from Schedule Part 1 based on the amount claimed or the type of application. Pay the fee in revenue units at the time of filing. If you are the Territory, claim the exemption but be prepared to account for recovered fees. If you anticipate financial hardship, apply to the registrar for a waiver of filing and taxation fees (items 1 and 2) before filing. Gather evidence of financial hardship. Note that other fees (service, warrants) may not be waivable.

For a defendant in a summary criminal matter. If you are charged with an offence that is not imprisonable and carries a fine of 10 penalty units or less, you may be asked to consent to the matter being heard by a single JP. You are not obliged to consent. If you do not consent, the matter must go before a Judge or two JPs (if no Judge available). The consent must be in writing. If the prosecution or the court suggests a single JP without your written consent, object.

For a police officer or agency employee commencing criminal proceedings. You are exempt from fees for filing complaints, summons, service, warrants, and photocopying (items 8,9,10,11,13) unless the Court orders otherwise. You still need to pay any other fees (e.g., transcripts) if required. Be aware that the exemption does not extend to third party applications (e.g., if you seek a search warrant under other legislation).

For a JP sitting as the Local Court. Before sitting alone: verify that the charge is a summary offence, that no term of imprisonment is available, and that the maximum fine is 10 penalty units or less. Ensure you have written consent from all parties. If sitting with another JP: confirm each other’s appointment dates in case of disagreement. Never hear an indictable offence summarily if you are a single JP, and never hear and determine an indictable offence if you are two JPs - only preliminary matters. If sitting with more than two JPs, ensure the casting vote rule is understood.

For a registrar managing fees. Always confirm the current revenue unit conversion before accepting payment. Do not charge fees for domestic violence or personal violence proceedings. When the Territory recovers a fee element from a judgment debtor, ensure it is paid to the Court. When considering a hardship waiver, apply any written directions from the principal registrar. Keep a record of waivers and the basis for each. Note that waiver is discretionary; you are not required to grant it even if hardship exists.

For a litigant unable to afford bailiff service or execution fees. The regulations do not provide a waiver for these fees (items 5,6,9,10,11,12). You may ask the registrar if there is any administrative practice to defer or reduce these fees, but there is no statutory power to waive them. Consider alternative service options (e.g., by post if the rules permit). If you are impecunious, you may need to seek legal aid or pro bono assistance.

For a journalist or researcher accessing court records. Pay the 22 revenue unit inspection fee for case files, judgments, orders, or exhibits. If you require transcripts, you must pay 14 revenue units per page plus 10 revenue units for certification. Photocopying is 2 revenue units per page. These fees are not waivable under regulation 12.