Supreme Court (Fees) Regulations 2002

The regulations operationalise a menu of fee-related concepts. Each concept is implemented by defined rules, forms or notes in the Schedules. Key concepts are:

• Payer categories and fee columns: regulation 3 and r 4(2) set out the fundamental concept: fees in Schedule 1 are shown in columns A, B and C. Column A applies to individuals not recognised as eligible individuals; Column B applies to entities that are not eligible entities; Column C (or the eligible entity fee) applies to eligible individuals or eligible entities. The Schedules repeatedly list three values or mark “No fee” or “N/A” where not applicable (e.g. Schedule 1 Division 1 item 6 daily hearing fee , Column C: No fee).

• Eligible individual and eligible entity: regulation 7(2) and (3) define classes that qualify for reduced fees. Eligible individuals include recipients of certain Centrelink/Department of Veterans’ Affairs cards, recipients of youth training or AUSTUDY allowances, ABSTUDY beneficiaries, and beneficiaries of legal aid, or persons granted eligibility by direction under regulation 8A(1). Eligible entities include legal aid recipients or entities granted eligibility under 8A(2). These definitions are functional; they trigger Column C/eligible entity fee entitlements for specific listed matters.

• Small business/non‑profit concession: regulation 4A allows an entity that is a small business (definition at r 3) or a non‑profit association (r 3) to lodge Schedule 4 Form 1 and be charged as if it were an eligible entity (r 4A(2)). This is a self-declaration regime subject to a duty to notify the Principal Registrar if status ceases (r 4A(4)) and administrative recovery of any shortfall (r 4A(5)-(6)).

• Exemptions and excluded proceedings: regulation 5(2) excludes certain jurisdictions and types of proceedings from the application of these regulations (for example, criminal proceedings, Bankruptcy Act proceedings, proceedings under the Civil Judgments Enforcement Act 2004, and specified Acts listed at r 5(2)(a)-(k)). Regulation 5(3) grants exemptions to persons where another written law so provides, where an evidence convention requires execution without fee, and where the person is under 18.

• Timing of payment and deferral: regulation 6(1) generally requires fee payment before filing or dealing with documents; the Court/registrar may defer payment of all or part of fees in personal injury claims on specified terms (r 6(2)). Regulation 9 and 9A then set precise timing and refund rules for allocation of hearing dates and appeals (see r 9(5)-(10) and r 9A(5)-(9)).

• Refunds, waivers and false statements: r 8C authorises refunds where an officer determines an overpayment or error; r 8D allows fee waivers for specified copy/transcript items if waiving assists Court efficiency. Regulation 8B makes it an offence (fine $1,000) to make false or misleading declarations/applications under the regulations and gives the Court or registrar powers to invalidate declarations, revoke directions and order payment of shortfalls.

• Recovery and debt: unpaid fees are a debt to the State recoverable by action in a competent court (r 11).

• Administrative notes embedded in Schedules: notes to items in the Schedules are treated as substantive (r 4(4)). Those notes impose obligations and interpretive rules (for example, note to Schedule 1 item 5 refers to r 9 allocation mechanics).

These concepts structure the Court’s income-extraction from civil proceedings, the allocation of fee burden across payer classes and a set of administrative controls for concessions, enforcement and refunds. The Schedules themselves itemise granular fees covering originating processes, appeals, hearing allocation and daily hearing fees, chambers and interlocutory applications, transcription and copy charges, sheriff travel and execution fees, and probate fees.

The regulations affect a set of identifiable actors by imposing payment obligations, procedural requirements and administrative disclosure duties.

• Litigants and prospective litigants: any person who files documents or otherwise seeks to have matters dealt with in the Supreme Court in civil jurisdictions covered by the instrument faces pay-on-file obligations (r 6(1)). Fees vary by payer category; individuals who are not “eligible individuals” pay Column A for listed items (r 4(2)(a)); entities that are not eligible entities pay Column B (r 4(2)(c)); eligible individuals and eligible entities pay the lower eligible individual/eligible entity fees (r 4(2)(b),(d)). Examples: filing an originating process is $1,960 for an individual (Column A), $3,820 for an entity (Column B), and $100 for eligible individuals (Column C) (Schedule 1 item 1).

• Entities structured as small businesses and non‑profit associations: these may self-declare using Schedule 4 Form 1 and, on lodgment, be charged as eligible entities (r 4A(1)-(2)). They must notify the Principal Registrar if status ceases (r 4A(4)) and risk a $1,000 fine for failing to do so.

• Legal aid recipients and certain welfare recipients: regulation 7 expressly makes persons granted legal aid eligible for reduced fees in respect of the proceedings for which aid is granted (r 7(2)(e), r 7(3)(a)). Centrelink and Department of Veterans’ Affairs concession cardholders as listed in r 7(2)(a)-(b) are eligible individuals, as are recipients of certain Commonwealth student allowances and ABSTUDY (r 7(2)(c)-(d)).

• Courts and Court officers (judges, registrars, Principal Registrar): the regulations give judges and registrars discretion to direct eligibility (r 8A), to direct further information (r 8A(3)-(4)), to defer fee payment in personal injury claims (r 6(2)), to grant refunds (r 8C(1)), to waive selected copy/transcript fees (r 8D), and to invalidate or revoke concessions where false statements are found (r 8B(2)-(4)). The Principal Registrar has refund powers for fees paid in error (r 8C(2)) and is the recipient of certain mandatory notifications (r 4A(4)).

• Sheriff and enforcement officers: Schedule 2 sets sheriff’s fees for execution of arrest warrants, service of process, travel and other enforcement functions. These fees affect parties who request or are subject to sheriff services and specify measurable travel charges per kilometre and hourly attendance rates.

• Representatives and third parties: costs for transcripts, copies and certificates affect solicitors, barristers, media, researchers and other users of court information. Schedule 1 item 14 sets time-based transcript pricing and per-page rates; item 13 sets copy and certification fees.

• Public or private institutions that utilise the Court’s processes: entities such as corporations (subject to definitions in r 3) and statutory bodies will typically pay Column B amounts for listed items. Some items are “N/A” for certain payer classes (e.g. Schedule 1 item 15 , admission fees , Column B and C marked N/A), so professional applicants face specific fee structures.

• Persons under 18 and those covered by bilateral/evidence conventions: regulation 5(3) exempts persons under 18 from fees for matters where the fee would otherwise be payable, and exempts matters where other written law requires no fee or where an evidence convention so provides.

The regulations therefore shift administrative cost burdens to the filled categories of users. The differential structure means the magnitude of effect differs: corporate entities face substantially higher absolute fees for many items than individuals, while eligible individuals and entities pay substantially lower fixed amounts (often $100 or nil for hearing days in some items). Enforcement and recovery mechanisms (r 11, r 4A(5)-(6), r 8B(4)) further affect those who misdeclare or fail to pay.

The regulations impose duties on parties and rights or discretions on Court officers; both categories have procedural consequences.

Duties on applicants and litigants

• Pay before filing or dealing with documents: regulation 6(1)(a)-(b) imposes a duty to pay applicable fees before a pleading, application or other document is filed, issued or otherwise dealt with; r 6(1)(b) also bars the doing of a matter or thing by an officer of the Court unless the fee has been paid. The duty includes payment of entry and allocation fees (see Schedule 1 items 4, 5).

• Truthful declaration and notification obligations: entities claiming small business or non-profit association status must lodge Schedule 4 Form 1 (r 4A(1)) and immediately notify the Principal Registrar if the entity ceases to be a small business or non‑profit association (r 4A(4)). Regulation 8B(1) creates an offence with a $1,000 fine for making false or misleading statements in declarations or applications under the regulations.

• Prompt payment of allocation/daily fees: regulation 9(5) and 9(6) require payment of allocation fees when entry is paid and payment for additional days allocated at directions hearings within 7 days; r 9A(5) and 9A(6A) set similar timing for Court of Appeal allocation fees. Regulation 10 explicitly bars reconvening a hearing where Schedule 1 item 6 (or Division 2 item 7) fees are outstanding.

• Compliance with requests for information: under regulation 8A(3)-(4) a judge or registrar may direct the applicant to provide further information, in writing or orally, before determining an application for eligibility.

Duties on Court officers

• Discretion to direct eligibility and defer fees: Judges and registrars may direct that a person be treated as an eligible individual/entity for a matter where satisfied as to financial hardship or the interests of justice (r 8A(1)-(2)). The Court or registrar may defer whole or part of a fee in personal injury claims (r 6(2)).

• Power to refund and waive: r 8C(1) allows a judicial officer or legally qualified registrar presiding in a proceeding to order refunds of the difference between the fee paid and the fee to which the person was entitled under the regulations. The Principal Registrar may refund fees paid in error (r 8C(2)). Regulation 8D permits waiver of certain copy/transcript fees where waiving would assist efficient Court operation.

• Power to invalidate declarations and revoke directions: if the Court or registrar finds the person made a false or misleading statement (r 8B(1)), they may declare a Form 1 invalid or revoke a direction made under r 8A(1) or (2) after giving an opportunity for written submission (r 8B(2)-(3)). They can then order payment of shortfalls and make enforcement orders including orders relating to future conduct of the matter until payment is made (r 8B(4)-(5)).

Rights and procedural remedies

• Right to apply for a dispute determination about fees: regulation 5A prescribes Schedule 4 Form 3 and exempts an application for a determination under s 171(3) of the Act from having a fee charged (r 5A(1)-(2)). This gives a fee-free administrative avenue to contest the legality or amount of fees.

• Right to refunds where overcharged: as noted, r 8C(1) and (2) provide routes for judicial or administrative refund.

• Right to directions and further information from Court officers: applicants for eligibility may be required to provide further information, and the Court may give directions in that process (r 8A(3)-(4)). This makes the eligibility process interactive and partially discretionary.

• Debt and enforcement processes: where fees are unpaid, the unpaid fee becomes a debt due to the State and may be recovered by action (r 11). Additionally, r 4A(5)-(6) and r 8B(4)-(5) allow the Court to order payment of differences and make orders to enforce payment and to direct future conduct of the proceedings pending payment.

Operational constraints and procedural specifics

• Some actions are fee-free as a matter of course: regulation 4(3) lists matters for which, except as provided in Schedule 1 or 3, no fee is charged , for example, filing an affidavit, filing a pleading, search by a party, sealing a copy, drawing up or settling judgments, amending a pleading, and filing or serving documents required or permitted by the Rules (r 4(3)(a)-(h)). This restricts the scope of fees to the enumerated items in the Schedules.

• Specific timing and refund percentages for allocation fees: regulation 9 and 9A set when allocation and daily fees must be paid and the percentage refund applicable where causes settle or are adjourned within defined time frames.

Each duty and right has an explicit regulatory citation, and the mechanics are administered through forms and registrar/judicial discretion. The regulations therefore impose both bright-line payment duties and a discretionary, fact-sensitive eligibility and refund architecture.

The regulations create direct penalties for false or misleading statements, administrative enforcement measures to secure unpaid fees, and civil recovery mechanisms. These operate alongside judicial and registrar discretions.

Penalties for dishonest or false statements

• Criminal (summary) offence for false or misleading statements: regulation 8B(1) makes it an offence to make a statement or representation in a declaration (Form 1) or application (Form 2/3), or to provide further information, that the person knows or has reason to believe is false or misleading in a material particular. The prescribed penalty is a fine of $1,000. This penalty sits alongside the Court’s administrative powers under r 8B(2)-(5) to invalidate declarations and revoke directions.

Administrative enforcement powers

• Invalidating declarations and revoking directions: r 8B(2)-(3) authorises the Court or a registrar to declare a small business/non‑profit declaration invalid or revoke a direction made under r 8A where the person has contravened r 8B(1), provided the person has had an opportunity to make a written submission. These remedies enable the Court to withdraw fee concessions when misuse is established.

• Ordering payment of differences and enforcement measures: where a declaration is invalidated or a direction revoked, r 8B(4) authorises the Court to order the person to pay the difference between the fee paid and the fee that would otherwise be payable. Regulation 4A(5) contains comparable powers when a small business or non‑profit is charged a concession in error. Regulation 8B(5) and 4A(6) permit the Court to make orders to enforce the payment, including orders relating to the future conduct of the proceedings or the legal effect of anything done in the proceedings until the sum is paid.

Civil recovery and debts

• Unpaid fees are a debt due to the State: regulation 11 provides that any unpaid fee is a debt due to the State and may be recovered by action in a court of competent jurisdiction. This makes fee recovery a standard civil debt enforcement matter.

Operational enforcement via hearings and reconvening

• Non-reconvening until outstanding fees paid: regulation 10 provides that if a fee is to be paid under Schedule 1 Division 1 item 6 (daily hearing fee) or Division 2 item 7, the hearing is not to be reconvened until that fee or the unpaid portion is paid. This is an immediate operational lever to secure compliance for hearing-day fees.

• Timing constraints which produce forfeiture of refunds: regulations 9 and 9A set non-refundable rules for allocation/daily fees except in defined circumstances and prescribe refund percentages linked to settlement or adjournment timelines (r 9(7)-(10), r 9A(6)-(9)). Failure to provide timely written notice of settlement reduces refundable amounts to as low as nil in some circumstances, making failure to manage allocation payments an economic penalty.

Sheriff’s enforcement charges and recoverable expenses

• Sheriff’s fees as scheduled costs: Schedule 2 lists fees for arrest, conveying, service of process, travel per kilometre and attendance by Sheriff officers. Notably, item 1(a) is payable whether or not the Sheriff’s functions are performed and includes up to three attempts at the same address; item 2 is payable whether or not service is successful. These fees can be included in enforcement cost recovery.

Administrative sanctions for non-notification by self-declared small businesses

• Fine for failure to notify cessation: regulation 4A(4) imposes a $1,000 penalty for failing to immediately advise the Principal Registrar if an entity ceases to be a small business or non‑profit association after lodging a declaration.

Discretionary enforcement and remedial orders

• Orders affecting future conduct: the Court may make orders relating to future conduct of the matter pending payment of fees (r 4A(6), r 8B(5)). That could include stay-like practical effects until obligations are satisfied, although the regulation frames them as orders affecting the conduct of the proceedings rather than a statutory stay.

The enforcement regime therefore combines criminal penalties for false statements, administrative invalidation of concessions and orders for rectification, civil recovery processes for unpaid fees, and procedural levers (non-reconvening hearings) that have immediate operational effect. All are licensed by the specific provisions cited above.

The regulations are tied to, and operate within, a broader legal architecture. They expressly cross-reference several statutes and instruments and exclude certain jurisdictions from their application.

Statutory anchors and cross-references

• Supreme Court Act 1935 s 171(1) and s 171(3): regulation 4(1) explicitly states fees in the Schedules are charged in respect of matters referred to in s 171(1) of the Supreme Court Act 1935. Regulation 5A implements the procedure for an application for a determination under s 171(3) (fee-free, Form 3). These provisions situate the regulations as subordinate, procedural instruments implementing fee powers in the Act.

• Corporations Act 2001 and Corporations definitions: regulation 3 imports the meaning of “corporation” and “subsidiary” from the Corporations Act 2001 for the purpose of defining “small business” and other payer classifications.

• Co‑operatives Act 2009 and Statutory Corporations (Liability of Directors) Act 1996: regulation 3 uses these Acts to define eligible small co-operative and statutory corporation categories for small business status.

• Legal Aid Commission Act 1976 and legal aid schemes: regulation 7(2)(e) and 7(3)(a) make legal aid recipients eligible individuals and eligible entities respectively for fee reductions, linking eligibility to legal aid under that Act or comparable schemes.

• Rules of the Supreme Court 1971 and Supreme Court (Court of Appeal) Rules 2005: the regulations reference the Rules for procedural links. For example, r 9(3)(a) ties the number of days for which allocation fees are payable to the estimate in the Rules Order 33 rule 4. Regulation 9A(5) ties timing for Court of Appeal fees to the Supreme Court (Court of Appeal) Rules 2005 Form 15 being sent to parties.

• Commercial Arbitration Act 2012 and Legal Profession Uniform Law (WA): specific fees apply to actions under those instruments (Schedule 1 item 2(c)(vi) for arbitration subpoena leave; item 9 refers to taxation under the Commercial Arbitration Act 2012 or costs assessment under the Legal Profession Uniform Law (WA); items 16-18 concern appeals under the Legal Profession Uniform Law (WA)).

Exclusions and evidentiary conventions

• Excluded proceedings: regulation 5(2) lists proceedings to which these regulations do not apply. This list includes criminal proceedings (and Criminal Appeals Act 2004 appeals), Bankruptcy Act 1966 proceedings, certain surveillance and witness-protection proceedings, some terrorism-related Acts, the Court of Disputed Returns, appointment of public notaries, proceedings under the Civil Judgments Enforcement Act 2004, and specified modern statutes such as the Criminal Law (Mental Impairment) Act 2023. This creates jurisdictional carve-outs where separate fee rules or none apply.

• International evidence conventions: regulation 5(1) and 5(3)(b) allow for exemptions where an evidence convention (for example the Hague Convention on Taking Evidence Abroad in Civil and Commercial Matters) requires execution without a fee. The regulations therefore defer to international instruments to avoid breaching reciprocity or treaty obligations.

Interaction with administrative and criminal law

• False statement offence: r 8B(1) creates an offence with a monetary penalty; enforcement and revocation under r 8B(2)-(5) may engage administrative law principles (procedural fairness before invalidation or revocation, see r 8B(2)-(3)).

• Debt recovery within civil law: r 11 treats unpaid fees as a debt recoverable in a court of competent jurisdiction, placing fee recovery into ordinary civil litigation and enforcement processes.

Operational interplay with Court procedure

• Payment conditions tied to listing and hearing processes: regulation 9 and 9A interact with listing rules in the Rules of Court and Court of Appeal rules, affecting how allocation and daily fees are assessed and paid, and setting refund percentages linked to settlement or adjournment timing.

• Fees and sheriffs: Schedule 2’s sheriff’s fees interact with enforcement provisions in the Civil Judgments Enforcement Act 2004 (regulation 3 defines “enforcement officer” by reference to that Act). That creates a cross-instrument interface for enforcement operations and cost recovery.

In sum, the regulations are a procedural instrument sitting below the Supreme Court Act but interacting with federal statutes, the Rules of Court, specialist Acts (arbitration, legal profession), sheriff/enforcement statutes and international evidence conventions. Their application is modulated by those instruments, which either supply definitions (corporations, co-operatives), establish exemption contexts, or supply related procedural rules (estimates of hearing days, forms and timeframes in Court rules).

The instrument has a long amendment record reflected in the compilation table. The compilation data in the Regulations shows frequent, periodic adjustments to fees and the addition of procedural provisions. Key points and mechanics from the compilation table:

• Original commencement and early amendments: The Supreme Court (Fees) Regulations 2002 commenced on 1 January 2002 (r 2). A 2002 amendment followed in February 2002.

• Ongoing periodic updates: The compilation table records amendments nearly every year or every few years through the 2000s and 2010s. Notable amendment instruments include the Equality of Status Subsidiary Legislation Amendment Regulations 2003, multiple amendment regulations in 2005, 2006, 2007, 2008 and 2009, and further periodic updates through 2010-2015. These amendments often updated fees or structure.

• Fee relief and structural changes (2016-2019): The Attorney General Regulations Amendment (Fees) Regulations 2016 (Pt. 10) and subsequent fee-related amendments in 2017, 2018 (including Justice Regulations Amendment (Fee Relief) 2018 and Transcript Fees Regulations 2018/2019) altered fee items and introduced relief mechanisms, the eligible individual/entity regime and Form-based applications (many of the r 4A-r 8D provisions were inserted in 2016 per marginal notes).

• Significant 2016 package: The 14 June 2016 Gazette amendments are the source of several inserted regulations (r 4A, r 7, r 8, r 8A-8D), introducing systematic eligible-individual/entity treatment, application forms, small business declaration, false-statement penalties and refund/waiver powers. The inserted provisions substantially restructured access and concession mechanics.

• Recent amendments and reprints: The compilation table records amendments through 2020, 2021, 2022, 2023, 2024 and a 2025 amendment (Attorney General Regulations Amendment (Fees and Charges) Regulations 2025 Pt. 12) with a commencement date of 1 July 2025 noted for that instrument. Reprints were issued at various points (Reprint 1 as at 18 Aug 2006; Reprint 2 as at 13 Nov 2009; Reprint 3 as at 1 Aug 2014; Reprint 4 as at 9 Nov 2019), indicating periodic consolidation.

• Schedule insertions and heading changes: The most recent editorial changes included inserting headings and Division 1/2 distinctions into Schedule 1 (SL 2025/111 r. 28). That suggests restructuring to separate General Division fees and Court of Appeal fees and possibly updated fee amounts in 2024-2025 amendments.

• Incremental operational amendments: Several amendments were targeted (e.g., transcription fees, sheriffs’ fees, bailiff fees, fee relief measures), reflecting administrative adjustments rather than wholesale policy changes.

Practical implications of the amendment history

• Regular adjustments: The compilation table shows an administrative practice of frequent fee takings and regular updating, reflecting inflation-indexed or policy-driven updates to pricing and the addition of new procedural mechanisms (eligible concessions, transcript policies).

• 2016 policy inflection point: The 2016 package introduced the contemporary eligibility framework and small business/concession mechanisms which materially altered who pays and how concessions are claimed (r 4A-r 8D insertions). That shift is the most structurally significant amendment path recorded in these notes.

• Recent structural revisions: The 2024/2025 entries and SL 2025/111 (which inserted Division headings) indicate continued governance and possibly fee rebalancing between individuals, eligible entities and corporate entities.

When advising or relying on a specific fee item or administrative mechanism, always consult the most recent published version and the compilation table entries to confirm effective dates and any transitional provisions.

The text of the regulations as provided does not record any cases or judicial decisions interpreting these regulations. The instrument itself contains no judicial citations or references to litigation outcomes. Practical points to note about litigation or dispute avenues:

• Dispute mechanism under the Supreme Court Act: regulation 5A implements s 171(3) of the Supreme Court Act, providing a fee-free application process (Schedule 4 Form 3) for determinations under that Act about fees. That gives litigants an administrative pathway to seek a determination from the Court where a fee is disputed.

• Enforcement through ordinary courts: unpaid fees are recoverable as ordinary debts (r 11), so any enforcement litigation (debt proceedings) would proceed in a court of competent jurisdiction. The regulations do not specify a specialised tribunal for fee disputes beyond the s 171(3) route.

• Administrative decisions subject to judicial review: decisions by registrars or the Court (for example, invalidation of a declaration under r 8B(2) or revocation of a direction under r 8B(3)) would be administrative decisions. While the provided text does not discuss judicial review, such decisions would, in ordinary circumstances, be susceptible to review under administrative law principles (procedural fairness is expressly provided by the opportunity to make written submissions in r 8B(2)-(3)). The regulations themselves require that opportunity prior to invalidation or revocation, which frames the administrative process.

• Absence of named cases in the source: because the instrument does not list cases, practitioners must consult case law databases for any decisions construing r 8B offences, the eligibility directions in r 8A, refund decisions under r 8C, or the s 171(3) determinations under r 5A. The regulations alone do not supply litigation history.

In short, the compiled regulations provide internal dispute resolution and administrative refund/eligibility processes and contemplate civil recovery for unpaid fees; however, the instrument as provided does not supply an empirical litigation history or catalogue of judicial interpretations. For precedent on these provisions, search decisions of the Supreme Court and Full Court for rulings on fee-related disputes, false-declaration prosecutions under r 8B, or orders made under r 4A(6)/r 8B(5).

Several provisions create operational traps or technical points that commonly generate practitioner queries. These are concrete mechanics that produce compliance risk if overlooked.

1. Payment-before-filing rule with narrow exceptions (r 6(1))

• Unless an explicit regulatory exception applies, a pleading, application or document is not to be filed or dealt with unless the fee payable upon or in respect of it has been paid (r 6(1)(a)-(b)). Practitioners who lodge documents without cleared payment may cause registrars to refuse filing or to return documents, causing interlocutory delay.

2. Eligible individual/eligible entity categories are list-based and partly discretionary (r 7 and r 8A)

• Only certain Centrelink/DVA cards, allowances and legal aid status automatically confer eligibility (r 7(2)). Other forms of eligibility require an application and an exercise of discretion under r 8A(1)-(2) on the grounds of financial hardship or the interests of justice. Failing to make a r 8 application early risks paying the full fee before eligibility is determined; although r 8C allows refunds of differences, the practical cashflow impact can be material.

3. Small business/non‑profit self-declaration has a notification duty and penalty (r 4A)

• An entity that lodges Schedule 4 Form 1 must immediately notify the Principal Registrar if it ceases to meet the small business or non‑profit definition (r 4A(4)). The penalty is $1,000. There is also an express power to order payment of the difference and to make enforcement orders (r 4A(5)-(6)). Entities should maintain records supporting their status and proactively notify to avoid penalties and recovery orders.

4. False statements attract a fine and administrative invalidation (r 8B)

• Making a materially false or misleading statement in declarations or applications (including Form 2 or Form 3) is an offence with a $1,000 fine (r 8B(1)). Beyond the fine, the Court can invalidate declarations and revoke directions and then order payment of shortfalls (r 8B(2)-(5)). Practitioners must ensure accuracy and supporting documentation.

5. Allocation and daily hearing fees are separate and can be double-charged if misunderstood (r 9, Schedule 1 items 5-6)

• Item 5 (allocation of hearing date) and item 6 (daily hearing fee) are distinct; r 9(5) states an allocation fee is payable when entry fee is paid and item 6 becomes payable for days in excess of item 5 coverage. Misunderstanding the linkage can lead to underpayment and the risk of non‑reconvening (r 10). Note also that item 6 Column C says “No fee” for eligible individuals in Division 1 but Schedule 1 Division 2 item 6 Column C also says “No fee” , verify which applies in cross-jurisdictional or hybrid matters.

6. Refund percentages are time-sensitive (r 9(8)-(9), r 9A(7)-(8))

• The refund on allocation fees following settlement or adjournment depends on how many days’ notice is given before the first allocated hearing date (42 days or more: 75%; 28-41 days: 50%; less than 28 days: nil except where adjournment beyond parties’ control triggers different treatment). Practitioners must lodge timely written notices of settlement to preserve refunds.

7. Deferment for personal injury claims is discretionary and conditional (r 6(2))

• The Court or registrar may direct payment of fees for personal injury claims be deferred, on conditions and to a specified time (r 6(2)(a)-(b)). This is not an automatic litigant right; it requires judicial or registrar direction and can carry conditions affecting conduct of the matter.

8. Some routine acts are fee-free, but Schedule items may override (r 4(3) and r 4(4))

• Regulation 4(3) lists many actions that attract no fee, but r 4(4) gives notes in the Schedules the effect of regulation provisions, so an apparent fee-free act can be subject to a Schedule item or note. For example, certain filings cross-refer to Schedule items with explicit fees.

9. Forms and supporting documentation required for eligibility and fee reduction (Schedule 4 and r 8)

• Applications under r 8 must be in Form 2; Centrelink/DVA card numbers and financial detail sections of Form 2 (for individuals) are required where financial hardship is asserted. Failure to complete forms or provide requested further information under r 8A(3)-(4) can delay eligibility directions.

10. Unpaid fees are recoverable as State debt (r 11) and non-payment may halt hearings (r 10)

• Failure to pay may result in court action to recover the fee and operational steps (non-reconvening) which directly impact the client’s case timetable.

11. Transcript and copy fees vary steeply by urgency and payer class (Schedule 1 items 13-14)

• Transcript charges escalate for faster turnaround (item 14 has different per-page charges for 1‑day, 2‑day, 4-day, 7-day, 14-day, and running basis) and Column B rates can be roughly double Column A. Eligible individual rates are significantly lower. Mistakes in estimating transcription requirements can lead to higher charges than anticipated.

12. Sheriffs’ fees are payable whether or not service or arrest is successful (Schedule 2 items 1-2)

• Item 1(a) and item 2 state fees are payable whether or not the Sheriff’s functions are fully performed. Parties commissioning enforcement should anticipate these sunk costs.

Practitioners should map fee items to the Rules of Court processes and form requirements before lodging documents and maintain documentary evidence for any eligibility claims. Failure to do so can generate fines, recovery orders, halted hearings and unexpected costs.

This section gives a practical, stepwise checklist to comply with the regulations, with references to the controlling provisions.

1. Identify the correct fee item and payer column

• Before filing, consult Schedule 1 (General Division and Court of Appeal), Schedule 2 (Sheriff) and Schedule 3 (Probate) to identify the item that corresponds to your intended filing or service (r 4(1) and the Schedules). Check whether you are an individual, eligible individual, entity, or eligible entity (r 4(2) and r 3 definitions).

2. Check for exemptions or fee-free exceptions

• Confirm whether the matter is excluded by r 5(2) (criminal appeals, Bankruptcy Act, Civil Judgments Enforcement Act matters, specified Acts) or qualifies for exemption under r 5(3) (another written law, evidence conventions, under-18 persons). If the proceeding is excluded, do not attempt to apply Schedule 1 fees.

3. Determine eligibility status and, if necessary, apply early

• If you hold a prescribed Centrelink/DVA card, receive a listed allowance, or have legal aid, you are automatically an eligible individual or eligible entity for the specified proceedings (r 7(2)-(3)). If not, but you assert financial hardship or interests of justice, file Schedule 4 Form 2 (Application to Reduce Fee) under regulation 8(1)-(2) before paying the full fee, because eligibility directions under r 8A are discretionary and may be given before or after application. The application is fee-free (r 8(3)).

4. Small business/non‑profit declaration where applicable

• If the applicant is a small business or non‑profit association as defined in r 3, lodge Schedule 4 Form 1 under r 4A(1) to be charged as an eligible entity (r 4A(2)). Keep records that support the small business or non-profit status and notify the Principal Registrar immediately if status ceases (r 4A(4)). Understand the $1,000 penalty for failing to notify.

5. Pay fees at the correct time and in the correct amount

• As a general rule, fees must be paid before filing documents or before the Court or officer does the relevant thing (r 6(1)). For allocation and daily hearing fees, comply with the timing rules in r 9 and r 9A: allocation fees must be paid when entry fee is paid (r 9(5)) and additional days allocated at directions hearings must be paid within 7 days of the directions hearing (r 9(6)). For Court of Appeal, pay within 7 days of Form 15 being sent (r 9A(5)).

6. Where deferment may apply, seek a direction early

• If the matter is a personal injury claim and fee deferral is required, apply to the Court or registrar for a direction under r 6(2). The Court or registrar may defer whole or part of the fees to a specified time and on specified conditions.

7. Provide requested further information promptly

• If a judge or registrar directs further information as part of an eligibility application (r 8A(3)-(4)), comply in the form specified and within the time allowed. Failure to provide information may prejudice the application or result in denial of eligibility.

8. Use the dispute pathway if fee is disputed

• If you dispute the obligation to pay a fee, complete Schedule 4 Form 3 and apply under r 5A for a determination under s 171(3) of the Supreme Court Act; the application is fee-free (r 5A(2)). Ensure the application states the disputed fee, grounds and supporting facts.

9. Maintain documentary evidence and truthful statements

• Given r 8B’s offence for false or misleading statements, ensure declarations and applications are accurate and backed by documentary evidence (Centrelink/DVA cards, legal aid grant letters, company payroll records for small business assertions). If status changes, update the Court immediately in line with r 4A(4).

10. Seek refunds where appropriate

• If you have paid a fee and later become entitled to a lower fee, apply to a judicial officer or legally qualified registrar for a refund of the difference (r 8C(1)). For clerical errors, the Principal Registrar can refund amounts paid in error (r 8C(2)).

11. Monitor hearing allocation notices and settlement timelines

• For allocation fees, adhere to refund notice timelines (r 9(8)-(9), r 9A(7)-(8)). Lodge written notice of settlement promptly to preserve refunds where the fee is otherwise refundable.

12. Budget for sheriff and transcript costs

• If enforcement or sheriff attendance is required, consult Schedule 2 for kilometre rates and attendance hour rates; these fees are generally payable whether or not service or arrest is successful (Schedule 2 items 1-3). For transcripts, consult Schedule 1 item 14 and lock in turnaround expectations to avoid higher urgent rates.

13. Understand the consequences of non-payment

• Unpaid fees are recoverable as a debt to the State (r 11). For hearings, outstanding daily hearing fees can prevent reconvening (r 10). Plan cashflow accordingly.

14. Engage the registrar where practical

• Many fees and applications require registrar involvement (recognition as eligible entity, refunds, waivers under r 8D). Early engagement with the Principal Registrar or the relevant Registrar’s Office reduces the risk of rejected filings or misapplied fees.

15. Keep abreast of amendments and effective dates

• The compilation table shows frequent amendments; verify the applicable fee schedule version and the effective date of any amendment before paying or advising clients, bearing in mind reprints and the insertion of new Divisions in Schedule 1 (see compilation entries and SL 2025/111 r. 28).

Following these steps will align filings with the payment, eligibility and refund mechanics and reduce the exposure to penalties, recovery orders and administrative delays. If there is doubt about eligibility or timing, use the fee-free s 171(3) determination (r 5A, Schedule 4 Form 3) or obtain a registrar’s direction before incurring higher fees.