1SUPREME COURT REGULATIONS 1985

NORTHERN TERRITORY OF AUSTRALIA SUPREME COURT REGULATIONS 1985 As in force at 3 November 2021 Table of provisions 1 Citation ............................................................................................ 1 2 Definition.......................................................................................... 1 3 Prescribed fee for taxation of bill of costs by Taxing Master ............ 1 4 Fees for proceeding etc. .................................................................. 2 5 Waiver or deferral of fee, or payment by instalment, in case of financial hardship............................................................................. 3 Schedule ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

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As in force at 3 November 2021

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SUPREME COURT REGULATIONS 1985 Regulations under the Supreme Court Act 1979 1 Citation These Regulations may be cited as the Supreme Court Regulations 1985. 2 Definition In these Regulations: Taxing Master means the officer of the Court whose duty it is to tax costs in the Court. 3 Prescribed fee for taxation of bill of costs by Taxing Master (1) In this regulation: prescribed fee means the fee that a party entitled to be paid costs is required to pay to the Court for the taxation of a bill of costs by the Taxing Master. (2) There is no prescribed fee if, before the commencement of a taxation of a bill of costs, the Court or the Taxing Master makes an order by consent for payment of the costs in the bill. (3) The prescribed fee for a completed taxation of a bill of costs is 7.5% of the amount of costs allowed for the whole bill, exclusive of costs allowed under rule 63.75 of the Supreme Court Rules 1987 for GST paid or payable on other taxed costs in the bill. (4) If the Taxing Master commences to tax a bill of costs but does not complete the taxation because he or she makes an order by consent for payment of costs, or for any other reason, the Taxing Master may order that the amount of costs allowed for the part of the bill that has been taxed is the amount on which the prescribed fee is to be calculated, and the prescribed fee is 7.5% of that amount.

Supreme Court Regulations 1985 2 (5) In an order stating the amount of costs allowed for a bill of costs the Taxing Master must, if a prescribed fee is payable, specify the amount of the prescribed fee and add it to the amount of the costs allowed. (6) Subject to subregulation (7), a party who is required to pay a prescribed fee must do so 28 days after the Taxing Master makes the order allowing costs in the bill of costs. (7) If a party to a taxation proceeding applies under rule 63.55 of the Supreme Court Rules 1987: (a) to the Taxing Master for reconsideration of a decision made by the Taxing Master; or (b) to a Judge for a review of an order of the Taxing Master; the party who is required to pay the prescribed fee need not do so until 14 days after the determination of the application. (8) Immediately after a party who is required to pay a prescribed fee does so, the party liable to pay the costs of that party is liable to pay that party an amount equal to the prescribed fee. 4 Fees for proceeding etc. (1) A fee specified in the Schedule is payable to the Court for the item specified opposite the fee. (2) Despite subregulation (1), no fee is payable to the Court: (a) for an adoption matter; or (b) for a case stated procedure; or (c) for a reference to the Full Court; or (d) for a criminal matter; or (e) by a person acting for, or by the authority of, the Territory. (3) A person exempt under subregulation (2) from paying a fee is entitled to recover, as part of a judgment debt as if it were a cost incurred, an amount equal to the fee that would, but for that subregulation, have been payable. (4) A person who recovers a fee under subregulation (3) must pay to the Court an amount equal to the fee.