Supreme Court (Fees) Regulations 2018

Fee units and conversion: The Schedule quantifies fees in fee units. The monetary amount a party must pay is calculated by multiplying the specified number of fee units by the fee unit value fixed under the Monetary Units Act 2004; the endnotes give the fee unit value for the 2024-25 year as $16.33 and permit rounding to the nearest 10 cents (Endnotes, Fee Units). This makes the Regulations indexing-ready, because the Treasurer fixes the fee unit annually (endnote).

Fee categories and three-class pricing: For each Schedule item the Regulations prescribe three alternative fee scales , corporate fee, standard fee and concession fee (reg 7(2)-(4)). The definition of standard fee payer is multi-faceted and important: it includes a natural person (other than statutory office holders), certain not-for-profit organisations that operate exclusively for charitable or social purposes and do not distribute profits, entities with turnover under $200,000 in the prior financial year, and executors or administrators of deceased estates (reg 5, def. standard fee payer). A concession fee payer is a person holding a current Commonwealth Health Care Card at the time the fee is payable (reg 5, def. concession fee payer). Corporate fee payer is defined residually as any entity other than a standard fee payer or concession fee payer (reg 5). The allocation of payer class determines which column in Schedule 1 applies (reg 7).

Fee types and triggers: The Schedule groups fees by function: commencement fees for initiating proceedings or appeals, case management and interlocutory application fees, mediation fees (items in Schedule 1 identified as mediation fees by reg 5), setting down fees, hearing fees (as defined in reg 5), Registrar of Probates fees tied to estate value (Part 4, item 4.2) and miscellaneous fees such as searches, photocopying and after-hours opening (Part 6). Regulation 10 prescribes timing rules for when fees are payable in general; regulations 11-13 give specific timing for setting down, hearing and mediation fees respectively. Some fees are payable only if particular events occur after earlier events have taken place (reg 10(4) for Part 5 items 5.4-5.9).

Exemptions and excluded proceedings: Regulation 6 enumerates proceedings in which no fee is payable under the Regulations. The list emphasises criminal matters (for example criminal proceedings under the Criminal Procedure Act 2009, sentencing matters, appeals and judicial review arising from criminal proceedings, and matters to which Chapter VI applies) and a set of specific Orders and Chapters (Orders 57, 75, 81 of Chapter I; certain Orders in Chapter II; Chapter IV). However, reg 6(2) clarifies that even in those exempted proceedings, the fees set out in Schedule 1 items 6.1, 6.3, 6.4 or 6.5 remain payable where applicable.

Waivers, exemptions and refunds: Regulation 14 lists circumstances in which fees are waived automatically when payable (for example where a person is represented under specified pro bono schemes, is granted legal aid, is detained, or is under 18). But regulation 14(2) preserves a stricter rule for items 6.1, 6.3, 6.4 and 6.5: those fees are not waived under reg 14 unless waived under section 129(3) of the Supreme Court Act 1986 (financial hardship power). Regulation 14A creates a specific exemption from items 6.3 and 6.4 for news media organisations or their representatives if the request is for reporting the news.

Administrative controls: The Prothonotary or a deputy prothonotary has explicit administrative functions: to refund fees paid in error (reg 15(1)-(3), (9)), to reinstate the correct fee where status was misrepresented or mistaken (reg 16(4)), and to require evidence establishing a fee payer’s status when requested (reg 16(2)). Many obligations are also subject to an express Court discretion: fees payable “subject to any order of the Court” appear in the payment rules for setting down and hearings (regs 11(1), 12(1)).

Interaction with other instruments: The Regulations link to other primary and subordinate instruments and specific procedural rules: Chapters I-VI, the Administration and Probate Act 1958 (reg 10(2), Part 4), Trans-Tasman Proceedings Act 2010, County Court Act 1958, Magistrates’ Court Act 1989, Judgment Debt Recovery Act 1984, and the Monetary Units Act 2004 (endnotes). These references determine when particular fees apply, and how fees are calculated or constrained (for example registry procedures and types of proceedings that are within or outside the scope of fee items).

Litigants in the Supreme Court: Any party who requests a filing, service or Court facility will generally be liable to pay the fee for that filing or service, because regulation 8(1) makes fees payable by the party, person or entity at whose request or on whose behalf the document is filed or the service rendered. That includes plaintiffs, defendants, third parties and clients who initiate Costs Court proceedings (see Schedule Part 5 items 5.1-5.3).

Corporate entities and small entities: The schedule differentiates corporate fee payers, standard fee payers and concession fee payers. Corporate fee payers are the residual class (reg 5) and generally attract the highest fee rates in Schedule 1 (reg 7(2)). Small entities can qualify as standard fee payers if their turnover in the previous financial year was under $200,000 (reg 5, def. standard fee payer(c)), which reduces fees via column 4 in Schedule 1. Not-for-profit organisations that meet the specific criteria in reg 5(b)(i)-(ii) also qualify as standard fee payers.

Concession cardholders and deprived litigants: Concession fee payers are persons holding a Commonwealth Health Care Card at the time a fee is payable (reg 5). Regulation 14 provides broader fee waivers to certain people: those represented under specific pro bono schemes or by certain community legal centres, legal aid recipients, children under 18, and detained persons (reg 14(1)(a)-(e)). However, reg 14(2) restricts automatic waiver for certain miscellaneous service fees (items 6.1, 6.3, 6.4, 6.5) unless waived under s129(3) of the Supreme Court Act, so these groups may still have to pay particular search or after-hours fees unless the Court exercises its hardship power.

Legal representatives and law practices: Lawyers and law practices commence proceedings under legal profession legislation which attract particular fees in the Costs Court (Part 5, items 5.3, 5.5, 5.7, 5.9, 5.11). The Regulations treat commencement by a lawyer or law practice as a separate category in the Costs Court, with some fees fixed the same regardless of corporate/standard/concession status (for example item 5.3 lists identical fees across all columns).

Probate applicants and estates: The Registrar of Probates fees (Part 4, item 4.2) are scale-based by gross estate value, and the Schedule specifies nil fees for estates under $250,000 and increasing fee units for higher estate values. Executors, administrators and applicants for grants of representation are therefore directly affected by the thresholds in item 4.2; item 4.2A and 4.5-4.8 set additional operational fee items for probate processes.

Media organisations and journalists: The Regulations provide an explicit limited concession for news media organisations in reg 14A: no fee is payable under Schedule items 6.3 or 6.4 for searches or retrievals where the request is undertaken for reporting the news. Outside that narrow exemption, media organisations remain subject to the standard Schedule fees.

Court officers and registry: The Prothonotary and deputy prothonotaries are the administrative decision-makers for assessing fee status, requesting evidence of status (reg 16), processing refunds (reg 15), and reinstating fees (reg 16(4)). Court officials and judges have discretion in ordering that a different party pay where a fee results from an order or Court direction (reg 8(3)), and many payment obligations are said to be “subject to any order of the Court” creating judicial control over payment obligations.

Third parties and external agencies: The Commissioner under Order 7 of Chapter II is mentioned in reg 8(2) where a commencement fee is payable by an objector when treating an objection as an appeal. Additionally, requests that trigger search or retrieval fees (item 6.3) can come from researchers, government departments or other external parties, and the retrieval-offsite surcharge (item 6.4) applies where files are held offsite.

Individuals handling fees: Executors, administrators and attorneys acting on behalf of estates or litigants must be aware that the definition of standard fee payer expressly includes executors and administrators (reg 5), which can change the applicable fee column for probate matters.

Duty to pay and who: The primary duty is that fees are payable by the party, person or other entity at whose request or on whose behalf the document is filed or the service rendered (reg 8(1)). There are two specific exceptions: where Order 7 of Chapter II requires the Commissioner to file an objection treated as an appeal, the objector pays the commencement fee when applying for directions (reg 8(2)); and where a fee is payable as a result of an order or direction made on the Court’s own motion the fee is payable by the party which commenced the proceeding unless the Court orders otherwise (reg 8(3)).

Timing obligations: Where a fee is fixed by the Regulations, it is generally payable when the document is filed, the service rendered or the event takes place (reg 10(1)(a)), unless a court official requests payment earlier (reg 10(1)(b)). There are tighter deadlines for setting down, hearing and mediation fees: setting down fees in the Trial Division must be paid no later than 6 weeks prior to the hearing commencement or the day after the matter is set down if less than 6 weeks remain (reg 11(3)); first-day hearing fees must be paid no later than 5 days prior to the hearing date or the day after the matter is set down if less than 5 days remain (reg 12(3)); mediation fees have similar notice requirements (reg 13(2)).

Single fee for multiple parties and which party pays: Regulation 9 mandates a single fee when a request is made on behalf of multiple parties, and specifies rules to determine which fee column applies. If any requesting party is a corporate fee payer, the corporate fee applies; otherwise, if any requesting party is a standard fee payer, the standard fee applies (reg 9). The examples illustrate how a mixed set of parties is treated.

Right to waiver and grounds: Regulation 14 gives a right to waiver where a person is represented under specified pro bono schemes, represented pro bono by particular community legal centres, granted legal aid under a state or federal scheme, detained (including imprisonment) or under 18. But reg 14(2) limits automatic waiver for certain miscellaneous service fees (items 6.1, 6.3, 6.4, 6.5) unless waived under s129(3) of the Supreme Court Act 1986; the endnote to reg 14 explains section 129(3) gives the Court a power to waive if payment would cause financial hardship. News media exemption for search/access fees is given in reg 14A for items 6.3 and 6.4 where the request is for reporting the news.

Right to refund and administrative discretion: Regulation 15 provides a tiered refund scheme. If a fee was paid but was not payable, it must be refunded (reg 15(1)). Overpayments must be refunded (reg 15(2)). Specific refund rules apply where a matter is removed from a judge-managed Commercial Court list or transferred to a lower court after payment of certain commencement fees (reg 15(3)-(5)). The Regulations also draw lines where refunds are not payable: setting down fees (reg 15(6)), hearing fees that encompass the first day (reg 15(7)), and mediation fees (reg 15(8)) are not refundable if the event does not proceed, with a narrow additional refund for certain discontinued probate applications (reg 15(8A)). The Prothonotary may refund fees for exceptional reasons (reg 15(9)).

Obligation to establish fee status and enforcement on misstatement: Regulation 16 places an evidentiary duty on fee payers who claim standard, concession or waiver status to provide information or evidence when requested (reg 16(2)). If the Prothonotary is satisfied, the appropriate fee applies (reg 16(3)). If a lower fee was charged or paid in error and the fee payer should have paid a higher fee, the Prothonotary may reinstate the correct fee and require payment of the difference; the fee payer is liable for that reinstated sum (reg 16(4)).

Discretion and Court control: Many provisions are expressly subject to judicial direction or ordering. For example, payment obligations are often stated as “subject to any order of the Court” (regs 11(1), 12(1)). The Court also retains the power under the Supreme Court Act 1986 to waive fees on financial hardship grounds (reg 14(2) referring to s129(3)).

Calculative duty: Parties must convert fee units into dollar amounts by reference to the current fee unit value fixed by the Treasurer under the Monetary Units Act 2004 and published before 1 June in the preceding financial year (endnotes). The Regulations therefore impose a calculative duty on registrants and their advisers to apply the correct fee unit value and rounding conventions.

Record-keeping and procedural duties: Implicit in the structure are the duties to track when a matter is entered into a judge-managed list (item 3.6), when a referral by the Registrar of Probates occurs (reg 10(2) and Part 4 item 4.2), and to ensure payments are made by the deadlines established for setting down, hearing and mediation.

No criminal penalties or specific monetary penalties are contained in these Regulations. The instrument operates primarily through administrative and civil enforcement mechanisms rather than by creating offences.

Court ordering power and allocation of liability: The Court retains the power to order who pays where the Regulations provide default rules. Regulation 8(3) gives the Court discretion to order otherwise when a fee arises from an order or direction the Court makes of its own motion. Likewise, many payment obligations are framed "subject to any order of the Court" (regs 11(1), 12(1)), which means the Court can allocate financial responsibility as it sees fit in the exercise of its procedural powers.

Administrative enforcement by Prothonotary: The Prothonotary or deputy prothonotary has administrative enforcement powers. Under regulation 16(4) the Prothonotary may reinstate a correct fee and require payment of the difference where a lower fee has been charged or paid in reliance on an asserted status that is later shown to be incorrect. That reinstatement is expressed as a liability: the fee payer must pay the difference. Regulation 15(9) empowers the Prothonotary to refund fees for exceptional reasons. These provisions give the registry practical levers to correct mispayments and reclaim underpaid fees without requiring recourse to separate penalty provisions.

Non-payment consequences implicit in court process: Although the Regulations do not specify direct sanctions such as fines, non-payment may affect a litigant’s procedural position. Because fees are generally required on filing (reg 10(1)), or before hearings or setting down (regs 11-13), failure to pay can lead to documents not being filed, hearings not being listed, or the Court declining to provide the requested service until payment is made. The Regulations explicitly allow a court official to require payment before filing or service (reg 10(1)(b)), which is an operational enforcement tool.

Refund limitations create risk of sunk costs: The Schedule and reg 15 set out categorical non-refund rules for certain items: setting down fees (reg 15(6)), hearing fees or fees encompassing the first day of hearing (reg 15(7)), and mediation fees (reg 15(8)) are not refunded where the event does not proceed. These rules are an enforcement mechanism that creates a cost for parties who initiate a hearing or mediation and then do not proceed. The Prothonotary’s discretion to refund for exceptional reasons (reg 15(9)) mitigates the rigidity but places the onus on applicants to persuade the registry.

Interaction with Supreme Court Act waiver power: Regulation 14(2) refers to section 129(3) of the Supreme Court Act 1986, under which the Court may waive fees on financial hardship grounds. That linkage constitutes a procedural remedy but not an automatic leniency: where the Regulations deny automatic waiver (items 6.1, 6.3, 6.4, 6.5) the only statutory route for relief is an exercise of the Court’s discretion under s129(3), which is external to these Regulations.

Administrative transparency and challenges: The Regulations require fee payers to supply evidence of status on request (reg 16(2)), and the Prothonotary decides whether the evidence is sufficient to apply a lower fee or a waiver (reg 16(3)). Reinstatement under reg 16(4) provides administrative enforcement for misclassification but also creates an administrative channel for disputes about status which may be resolved before the Court rather than by criminal sanction.

No express appeal or review mechanism: The instrument does not set out a specific internal appeal process against Prothonotary decisions about fees, waivers or reinstatement. Any challenge to administrative decisions would therefore proceed by usual court supervision or other statutory review routes, but those pathways are not specified in the Regulations themselves.

Authorising statute and external waiver power: The Regulations are made under section 129 of the Supreme Court Act 1986 (reg 2). Regulation 14(2) explicitly links fee-waiver treatment for certain miscellaneous fees to the Court’s power under section 129(3) to waive fees where payment would cause financial hardship. Therefore, the Supreme Court Act is both the enabling instrument and a source of limited relief outside the automatic waivers listed in reg 14.

Monetary Units Act 2004 and fee calculation: The Schedule uses fee units. The endnotes explain that fees are to be calculated in accordance with section 7 of the Monetary Units Act 2004 by multiplying the number of fee units by the value fixed by the Treasurer. The Regulations therefore rely on that Act to give the fees real currency amounts and to allow annual adjustment by reference to the fee unit value set by the Treasurer for each financial year.

Procedural Rules and Orders: The Regulations repeatedly cross-reference the Supreme Court rule Chapters (Chapter I - General Civil Procedure Rules 2015; Chapter II - Miscellaneous Civil Proceedings Rules 2018; Chapter III - Administration and Probate Rules 2023; Chapter IV - Adoption Rules 2015; Chapter V - Corporations Rules 2023; Chapter VI - Criminal Procedure Rules 2017) in the definitions (reg 5) and in exclusions and fee triggers (reg 6 and Schedule items). This means the operation of fees is tied to how those procedural instruments classify proceedings and orders. For example, Chapter V proceedings and judge-managed Commercial Court lists determine which Schedule items apply (see reg 5 definitions of judge-managed list and excluded proceeding, and Schedule Part 3).

Statutory references for specific fee triggers: Specific primary statutes are referenced to trigger fees or determine exemptions. Regulation 6 lists matters such as appeals under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 from VCAT orders on Mental Health Tribunal determinations under section 383 of the Mental Health and Wellbeing Act 2022. Regulation 10(2) links the probate referral fee (item 2.3) to referrals under section 12(2)(b) of the Administration and Probate Act 1958. Schedule Part 6 items refer to filing under the Judgment Debt Recovery Act 1984, registration under the Trans-Tasman Proceedings Act 2010, certificates under the County Court Act 1958 and Magistrates’ Court Act 1989. These cross-references make the fees contingent on prosecution routes and statutory mechanisms external to the Fees Regulations themselves.

Legal profession legislation and Costs Court interactions: Several Costs Court items apply specifically to proceedings commenced by a lawyer or law practice “under legal profession legislation” (Part 5 items 5.3, 5.5, 5.7, 5.9, 5.11). The definition of “legal profession legislation” in reg 5 includes the Legal Profession Uniform Law (Victoria), the Legal Profession Uniform Law Application Act 2014 and the repealed Legal Profession Act 2004. That creates specific fee rules for enforcement or assessment of legal costs in proceedings connected to professional regulation or assessment.

Interaction with Administration and Probate Act 1958: Probate fees in Part 4 (item 4.2) are scaled by gross estate value and some fees are payable on filing an application for a grant of representation or originating motion under Chapter III. Regulation 10(2) specifically makes item 2.3 payable upon referral by the Registrar of Probates in accordance with s12(2)(b) of the Administration and Probate Act 1958. The Regulations therefore operate alongside probate law to capture administrative filing and referral stages.

Open Courts Act 2013 definition for news media: The definition of “news media organisation” in reg 5 is imported from section 3 of the Open Courts Act 2013. The narrow news-media exemption in reg 14A for items 6.3 and 6.4 thus ties fee exemption to the statutory definition used for open-courts exceptions.

Subordinate instruments and amendment instruments: The endnotes record S.R. No. 53/2020 and S.R. No. 124/2024 as amending rules (Endnotes Table of Amendments). Several definitions and provisions record their amendment lineage (for example reg 5 definitions and reg 6(1)(h) amendments). The Regulations therefore interact with the authorised subordinate instrument framework and its amendment mechanics.

Sunset clause under Subordinate Legislation Act: The endnotes state the Regulations will sunset 10 years after making on 18 September 2028, referencing section 5 of the Subordinate Legislation Act 1994. Practitioners should note that the instrument is subject to automatic repeal principles unless remade or extended under the subordinate legislation regime.

The publicly listed amendment history in the Regulations and endnotes identifies the following instruments and changes as incorporated into the compiled version to 18 November 2024.

Primary making and commencement

• The Regulations were made on 18 September 2018 under section 129 of the Supreme Court Act 1986 and came into operation on 30 September 2018 (Endnotes 1; reg 3). Regulation 4 revokes the Supreme Court (Fees) Interim Regulations 2017 (S.R. No. 114/2017) as noted in endnote cross-reference.

Amendments recorded in the endnotes table

• Supreme Court (Fees) Amendment Regulations 2020, S.R. No. 53/2020, made 23 June 2020 with commencement 1 July 2020 (Endnotes Table of Amendments). The body text records changes effected by S.R. No. 53/2020, including amendments to reg 14(2) and insertion of reg 14A, and amendments to Schedule 1 Part 4 and Part 6 (see marginal notes acknowledging S.R. No. 53/2020 reg numbers). Reg 14(2) was amended by S.R. No. 53/2020 reg 6; reg 14A was inserted by S.R. No. 53/2020 reg 7. Parts of the Schedule and other provisions also note S.R. No. 53/2020 amendments (for example Sch. 1 Pt 4 amended by S.R. Nos 53/2020 reg 8).

• Supreme Court (Fees) Amendment Regulations 2024, S.R. No. 124/2024, made 6 November 2024 with commencement 18 November 2024 (Endnotes Table of Amendments). The body of the Regulations shows multiple notations that provisions have been substituted or inserted by S.R. No. 124/2024: e.g. the definitions of Chapter III and Chapter V in reg 5 were substituted by S.R. No. 124/2024 reg 5(a) and reg 5(b) respectively, the definition of small estate was inserted by S.R. No. 124/2024 reg 5(c), and reg 6(1)(h) was amended by S.R. No. 124/2024 reg 6. Schedule 1 Part 4 and Part 6 are also marked as amended by S.R. No. 124/2024 reg 7-9.

Specific textual amendment markers in the text

• The main body identifies where individual provisions have been substituted or inserted by the numbered amending instruments. For example, reg 5 carries specific annotations: “Reg. 5 def. of Chapter III substituted by S.R. No. 124/2024 reg. 5(a).” “Reg. 5 def. of Chapter V substituted by S.R. No. 124/2024 reg. 5(b).” “Reg. 5 def. of small estate inserted by S.R. No. 124/2024 reg. 5(c).” Reg 6(1)(h) was amended by S.R. No. 124/2024 reg 6. Reg 14(2) was amended by S.R. No. 53/2020 reg 6. Reg 14A was inserted by S.R. No. 53/2020 reg 7. Schedule Part annotations indicate updates under S.R. Nos 53/2020 and 124/2024.

Endnote explanatory details and rules replacements

• The explanatory details in the endnotes list the preceding rules and the dates of relevant versions for Chapters referred to in definitions, and note style or interpretative changes made under the Interpretation of Legislation Act 1984. The endnotes also reiterate that the Treasurer fixes fee unit values annually and that the Regulations adopt the fee-unit mechanism.

Sunset and future review

• The endnotes state the Regulations will sunset ten years after making on 18 September 2028 under the Subordinate Legislation Act 1994 (Endnotes 1). That sunset date is part of the lifecycle of the instrument and may prompt legislative review or remaking ahead of 2028.

Practical effects of amendments

• The amendments recorded in the text affect definitions that determine which procedural rules and Chapters are in play, create a news media exemption for certain search fees (reg 14A), and adjust fee schedule entries and columns in the Schedule. Each amendment note within the body indicates the precise provision altered and the amending statutory rule number, allowing users to trace the provenance of current wording back to the amending instrument.

The Regulations themselves do not record any litigation decisions or judicial interpretation. The compiled text does not list reported cases, proceedings or rulings that have construed these Regulations, and no specific litigation history is included in the endnotes or body of the instrument.

What this absence implies for practitioners and researchers

• There is no internal register within the instrument of judicial interpretation to guide application. Practitioners seeking disputative or contested readings , for example on the scope of “standard fee payer” or on whether a particular event triggers a non-refundable fee under reg 15 , must look to any reported Supreme Court decisions, administrative determinations or registry practice notes outside the Regulations themselves. The Regulations do not provide a statutory appeal route specifically for Prothonotary decisions about fee waivers, refunds or reinstatement; any challenge to such a decision would proceed under ordinary mechanisms for judicial review or by application to the Court, subject to applicable procedural rules.

Potential avenues of dispute not addressed in the text

• The Regulations create several loci for factual and legal dispute: classification of a fee payer (corporate v standard v concession) under reg 5 and reg 16; the interpretation of “at whose request or on whose behalf” in reg 8(1); whether the Prothonotary’s reinstatement of a fee under reg 16(4) is procedurally reviewable; the scope of the news media exemption in reg 14A (what constitutes “reporting the news” in a given factual circumstance); and the application of s129(3) of the Supreme Court Act for fees that reg 14(2) limits. The Regulations do not resolve these interpretive issues and do not report decisions.

No recorded class-action or systemic litigation noted

• The instrument does not indicate any historic or ongoing class action or systemic litigation specifically directed to these Regulations. Researchers seeking precedents, judicial reasoning or policy litigation should therefore consult case law databases, registry notes and decisions of the Supreme Court that post-date or interpret the Regulations; such materials are external to the Regulation text.

Registry practice and administrative guidance

• Because the Regulations vest administrative functions in the Prothonotary, customary registry practice, forms, directions, and practice notes will often govern operational implementation and dispute handling. The Regulations do not reproduce such practice guidance; practitioners should check registry publications for guidance on typical disputes, evidence required under reg 16(2), and the Prothonotary's approach to discretionary refunds under reg 15(9).

Automatic-waiver exceptions: Although reg 14 lists several categories of persons who receive waivers (pro bono representation under specific schemes, legal aid, detained persons, minors), reg 14(2) creates a significant limitation. Fees under items 6.1, 6.3, 6.4 and 6.5 are not waived by reg 14 unless the Court waives them under s129(3) of the Supreme Court Act. These items include after-hours opening, search/inspection/retrieval/access requests, offsite file retrieval surcharge and photocopying charges. Practitioners may wrongly assume a successful waiver under reg 14 removes all fees; it does not for these miscellaneous service charges.

Single fee with dominant-party rule: Regulation 9 establishes that a single fee is payable for document filing or services requested on behalf of multiple parties, and the fee category is determined by the “strongest” payer present: if any requesting party is a corporate fee payer, the corporate fee applies; otherwise if any is a standard fee payer, the standard fee applies. This can produce surprising results for mixed groups where one party with corporate status increases the fee for all. The examples in reg 9 make this explicit. Parties should consider whether separate filings could avoid a higher single fee, subject to procedural rules.

Non-refundability of set-down and hearing fees: Regulation 15(6)-(8) is uncompromising on some non-refund rules. No refund is payable for a setting down fee if the matter does not proceed to hearing (reg 15(6)), nor for a hearing fee or any fee that includes the first day of hearing if the hearing does not proceed (reg 15(7)). Mediation fees are similarly non-refundable where mediation does not proceed (reg 15(8)). The Prothonotary has a narrow power to refund for exceptional reasons (reg 15(9)), but parties should budget for sunk cost risk if events are adjourned or vacated.

Timing traps for payment of setting down and hearing fees: The Regulations impose strict deadlines: setting down fees in the Trial Division must be paid no later than six weeks before the hearing date (reg 11(3)(a)) or the day after the matter is set down if less than six weeks remain (reg 11(3)(b)). First-day hearing fees must be paid no later than five days prior (reg 12(3)). If parties or counsel fail to pay by the stated deadlines the registry may refuse to list or proceed, and late payment may cause prejudice. The Rules permit registry officials to require payment before filing (reg 10(1)(b)), which adds operational strictness.

Probate estate thresholds are binding: Probate filing fees are scaled by gross estate value in item 4.2. Estates under $250,000 attract nil fee (item 4.2(a)). Practitioners must ensure correct asset valuation at filing. There is a limited refund regime where a matter commenced under a higher Commercial Court fee (item 3.1) is later removed or transferred (reg 15(3)-(4)), but other transfers can leave the original fee non-refundable (reg 15(5)).

Offsite retrieval surcharge and news media exception nuance: Item 6.4 adds an additional fee for files held offsite. Regulation 14A creates an exemption for items 6.3 and 6.4 when the requester is a news media organisation undertaking the request for reporting the news. The exemption is narrow and requires the request to be undertaken for the purposes of reporting the news; other media-related or research uses may not qualify. Moreover, concession status does not automatically produce exemption for these items because reg 14(2) narrows waiver for 6.1, 6.3, 6.4, 6.5 unless the Court uses s129(3).

Fee unit volatility and calculation: The Schedule uses fee units. The Monetary Units Act requires the Treasurer to fix fee unit values annually and publish them before 1 June in the preceding financial year (Endnotes). The endnote shows the value for 2024-25 is $16.33. Errors in applying the current fee unit value or rounding to the nearest 10 cents can produce underpayment requiring reinstatement (reg 16(4)) or overpayment eligible for refund (reg 15(2)). Practitioners should double-check the fee unit for the relevant financial year before calculating amounts.

Misclassification exposure and reinstatement: Under reg 16 the Prothonotary can require evidence to establish fee payer status. If a fee payer claims standard or concession status without adequate evidence, the Prothonotary may later reinstate the correct fee and require payment of the difference (reg 16(4)). This exposes litigants to potential post-filed bills and raises the need for contemporaneous documentary proof of turnover, NFP status or concession card.

Costs Court special categories: Costs Court fees have separate scales including special rules for proceedings commenced by lawyers or law practices under legal profession legislation (Part 5 items 5.2, 5.3 and related items). Item 5.3 imposes identical fees across all three payer columns, which might surprise smaller parties who expect concession rates in costs assessment matters. Practitioners should note when a proceeding is characterised as a lawyer/law practice commencement under the Rules.

Ambiguity about “at whose request or on whose behalf”: Reg 8(1) assigns payment to the person or entity at whose request or on whose behalf the filing or service is made. There can be factual ambiguity where documents are filed by third parties, law firms or agents. The absence of definition or examples in many cases may create disputes about who is the proper fee payer in complex agency arrangements.

Sunset date and potential repeal: The endnotes state the instrument is subject to the ten-year sunset mechanism under the Subordinate Legislation Act 1994, so the Regulations are scheduled to sunset on 18 September 2028. Practitioners should be alert to potential repeal or remaking processes before that date.

Step 1 , identify the nature of the filing or event and the applicable Schedule item

• Start by identifying the precise filing, service, listing, mediation or hearing event and match it to the relevant Schedule part and item number. The Schedule is structured by registry and business function (Parts 1-6). For example, appeals to the Court of Appeal are in Part 1 (items 1.1-1.10); Commercial Court commencement and judge‑managed lists are in Part 3 (items 3.1-3.15); probate applications and the estate-value scale are in Part 4 (item 4.2). See Schedule 1 and the definitions in reg 5 for which Chapter governs each proceeding.

Step 2 , determine payer class (corporate, standard, concession)

• Apply the definitions in regulation 5. If the person holds a current Commonwealth Health Care Card at the time the fee is payable they are a concession fee payer. Check if the entity qualifies as a standard fee payer: natural person (not a statutory office holder), a not-for-profit within the specified definition, entities with turnover under $200,000 in the preceding financial year, or an executor/administrator. If none of those apply, the corporate fee column will govern. Remember the single-fee multiple-party rule in reg 9 if filing on behalf of multiple parties.

Step 3 , calculate the monetary amount using fee units

• Take the number of fee units specified in the Schedule and multiply by the fee unit value fixed under the Monetary Units Act 2004 for the relevant financial year. Check the Government Gazette or Treasurer’s publication to confirm the fee unit value for that financial year. Round to the nearest 10 cents as authorised in the endnotes. Verify whether any item states a dollar amount (for example item 6.5 photocopying at 60 cents per page) rather than fee units.

Step 4 , observe timing rules for payment

• For most items pay when the relevant document is filed, the service rendered or the event occurs (reg 10(1)(a)). Be ready to pay earlier if a court official requires payment before filing (reg 10(1)(b)). For setting down fees in the Trial Division ensure payment no later than six weeks before the hearing or by the day after the matter is set down if the date is less than six weeks away (reg 11(3)). For first-day hearing fees pay no later than five days prior (reg 12(3)). For mediation fees pay no later than five days prior (reg 13(2)) and any additional fees for actual mediation duration promptly after the relevant mediation day (reg 13(3)).

Step 5 , provide evidence of status on request and keep records

• If you claim standard, concession or waiver status, be ready to produce evidence when the Prothonotary requests it (reg 16(2)). Maintain up-to-date documentary records proving turnover for the previous financial year (for turnover-based standard status), not-for-profit constitutive documents and distribution rules, health care card evidence for concession status, or an executor/administrator appointment where relevant. Failure to supply convincing evidence may lead to reinstatement of a higher fee and liability for the difference (reg 16(4)).

Step 6 , check for exemptions and apply for waivers where applicable

• Check reg 6 for proceedings where no fee is payable and reg 14 for waiver categories (pro bono representation under specified schemes, legal aid, detained persons, minors). If a fee is not automatically waived because it is one of items 6.1, 6.3, 6.4, 6.5, consider applying to the Court under s129(3) of the Supreme Court Act 1986 for waiver on financial hardship grounds, because reg 14(2) restricts automatic waiver for those items. For news media coverage of reporting the news, rely on reg 14A for exemption from items 6.3 and 6.4, but be prepared to demonstrate that the request is for reporting the news and that the requestor falls within the Open Courts Act definition of a news media organisation.

Step 7 , understand refund rules and manage scheduling risk

• Before paying setting down, hearing or mediation fees, appreciate that reg 15(6)-(8) generally disallow refunds if the event does not proceed. Only limited refunds apply when a matter is removed from or transferred out of a judge-managed Commercial Court list (reg 15(3)-(4)) or in the narrow probate discontinuance circumstance (reg 15(8A)). If you believe an exceptional circumstance justifies a refund, apply to the Prothonotary under reg 15(9) providing supporting evidence.

Step 8 , monitor registry practice and verify fee unit values each year

• Because fee units are converted to dollars annually, verify the fee unit value for the financial year before calculating fees. Routinely consult the Court’s registry guidance, forms and any practice notes that set out payment methods, acceptable evidence for reg 16 proof, electronic payment instructions, and operational details about after-hours services or offsite retrieval where item 6.4 may apply.

Step 9 , plan for multiple-party filings strategically

• If multiple parties intend to make a joint request and one of them is a corporate fee payer, the corporate fee will apply to the joint request (reg 9). Consider whether separate filings or splitting requests may economically advantage clients, bearing in mind procedural restrictions and the Court’s power to order otherwise. Any tactical approach must comply with the procedural rules in Chapters I-VI.

Step 10 , if disputed, engage the Prothonotary early and preserve rights

• If the registry seeks a higher fee or questions your evidence, respond promptly to requests under reg 16(2). If the Prothonotary reinstates a fee under reg 16(4), document communications and consider seeking directions from the Court about liability or equitable relief if you dispute the factual basis. For relief from fees that reg 14(2) renders non-waivable automatically, prepare an application under s129(3) of the Supreme Court Act with evidence of financial hardship.

Operational checklist for common events

• Commencing a proceeding: identify the right Part and item for commencement fee; confirm payer status; calculate fee units × fee unit value; pay on filing or as required; retain receipt.
• Setting down for hearing: ensure party seeking hearing is correctly identified under reg 11(1); pay setting down fee within the specified timeline; note that the fee is payable only once per trial or appeal (reg 11(4)).
• Hearing days: pay first-day hearing fees and subsequent day fees per reg 12; if an interlocutory application proceeds to multiple hearing days, pay the second-day fee per reg 12(1)(b) and reg 2.12/3.15 as applicable.
• Probate matters: check item 4.2 thresholds and file supporting estate valuation; for estates under $250,000 expect nil fee; file any amended originating motion fee (item 4.2A) and use reg 15(8A) rules if discontinuing.
• Searches and document retrieval: anticipate item 6.3 search fees and offsite retrieval surcharge item 6.4; check for news media exemption under reg 14A if applicable.

Following these steps and watching the interaction points described in the Regulations will reduce exposure to reinstated fees, non-refund risk and last-minute registry refusals to file or list matters.