Supreme Court Regulations 2018

The instrument is organised around a small set of core legal and administrative concepts: prescribed courts, fees in the Court’s general jurisdiction, fees in the probate jurisdiction, fee exemptions for government agencies, and several definitions that determine the application of those provisions.

• Prescribed court. Regulation 4 prescribes two tribunals for the purposes of paragraph (d) of the definition of “prescribed court” in s 39(6) of the Supreme Court Act 1935: the Legal Practitioners Disciplinary Tribunal and the South Australian Civil and Administrative Tribunal. That prescription integrates these tribunals into any statutory framework that relies on the definition in s 39(6).

• Fees in general jurisdiction. Regulation 5(1) distinguishes two elements of the fees regime in the Court’s general jurisdiction: the fees prescribed for the Act (statutory or schedule fees) and additional amounts representing costs reasonably incurred in the execution of process. The regulation supplies examples of such execution costs (attending the discharge of a ship or goods; shipkeeper sums; safe custody; travelling expenses; necessary meals; sums paid to engage assistants; postage, telephone calls; auctioneer or appraiser fees). Those examples operate as a non‑exhaustive guide to categories the Registrar and parties will identify as recoverable or payable under r 5(1)(b).

• Timing and allocation of trial fees. Regulation 5(2) and (3) set the default payer (the applicant) for fees associated with setting a trial date and for trial day fees, the payment deadline (within 14 days of the trial date being set), the rule that a trial will not proceed if the fee has not been paid, and the preservation of discretion by the Court or a registrar to allocate fee liability to other parties.

• Registrar powers. The Registrar may require a deposit on account of any amount a party may become liable for under the regulations (regulation 5(4)). In probate matters the Registrar must adjust fees where the gross value of the estate turns out to differ from that disclosed in the application (regulation 6(3)).

• Probate fee adjustment. Regulation 6(3) implements a post‑lodgment reconciliation mechanism: refund where gross value is lower than disclosed; additional payment where it is higher. Regulation 6(4) supplies definitions to ensure the reconciliation applies to relevant probate and administration applications, and cross‑references terminology to the Succession Act 2023.

• Government agency exemptions. Regulation 7(1) exempts government agencies from fees for obtaining transcripts and copies of evidence in the Court’s criminal jurisdiction where the agency is a party. Regulation 7(2) preserves the calculation of costs to which a government agency is entitled by treating fees as if the agency had paid them.

• Definitions. Regulation 3 contains operational definitions: “Act” (Supreme Court Act 1935); “Crown”; “government agency” (which includes Ministers, instrumentalities or agencies of the Crown, bodies or persons subject to control by the Governor or Minister, South Australia Police, and the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (South Australia)); “gross value” (of a deceased estate, defined without deduction for debts etc, as disclosed to the Registrar in accordance with the rules of court made under the Act); and “Registrar” (covering the Registrar of the Court in its general jurisdiction and the Registrar of Probates).

These concepts operate together to allocate payment obligations, provide limited exemptions, assign procedural consequences for non‑payment, and create adjustment rules that reconcile fee liability to the facts disclosed at the time of application.

The regulations affect a defined and narrow set of participants in South Australian Supreme Court proceedings and related actors named in the instrument.

• Applicants in general jurisdiction proceedings. Regulation 5(2)(a) and 5(3)(c) name the applicant as the default payer of the fee for setting a trial date and of prescribed trial fees for each day or part‑day of trial. That places immediate cashflow and compliance obligations,timely payment within 14 days of the trial date being set,on applicants unless the Court or a registrar directs otherwise (regulation 5(2)(a), 5(2)(b)).

• Parties to proceedings. Although applicants are the default payers, regulation 5(3)(d) allows the Court or a registrar to direct that another party or parties pay the fee, in specified proportions. Parties who are not applicants should therefore be aware that fee liability can be reallocated by direction.

• Executors, administrators and applicants in probate matters. Regulation 6 applies to prescribed applications relating to grants of probate or administration, registration or sealing of grants under s 57 of the Succession Act 2023, and applications for orders under s 9 of the Public Trustee Act 1995 in respect of deceased estates. Those lodging such prescribed applications must disclose gross value and face possible refunds or additional fees following Registrar inquiry where the gross value differs from that disclosed (regulation 6(3)).

• Government agencies and Crown entities. Regulation 3 defines “Crown” and “government agency” widely and explicitly names South Australia Police and the National Heavy Vehicle Regulator. Regulation 7 affords government agencies an exemption from fees for obtaining transcripts of criminal proceedings and copies of evidence in such proceedings where the agency is a party (regulation 7(1)). At the same time regulation 7(2) affects their entitlements to recover costs: costs are to be calculated on the basis that the agency had been liable to pay, and had in fact paid, the exempted fees. This has budgeting and cost‑recovery consequences for government legal practices and agencies that are parties in criminal proceedings.

• Registrars and Court officers. The regulations give the Registrar powers and duties: to require deposits on account (regulation 5(4)), to determine discrepancies in gross value for probate applications and to implement refunds or calls for additional payment (regulation 6(3)), and to follow rules of court for disclosure of gross value (regulation 3 definition of “gross value”). The Court and registrars also have discretion to direct who pays fees (regulation 5(2)-(3)).

• Tribunal operators and participants. Regulation 4 prescribes the Legal Practitioners Disciplinary Tribunal and the South Australian Civil and Administrative Tribunal as “prescribed courts” for the specific statutory purpose set out in s 39(6)(d) of the Act. That affects users of those tribunals whose matters intersect with the Supreme Court Act’s s 39(6) apparatus.

• Entities involved in execution of process. Regulation 5(1)(b) enumerates categories of costs reasonably incurred in the execution of process, which will affect shipkeepers, auctioneers, appraisers, custodians and others who may be paid sums in the process of executing process; those sums are recognised by the regulations as part of recoverable or payable fees.

Absent from the text are new categories of regulated persons (for example, private not‑for‑profit classifications) beyond those listed in regulation 3. The statutory definitions and the exemption scheme concentrate specific fiscal effects on applicants, parties, probate applicants and government agencies, while assigning operational discretion to registrars and the Court.

The regulations allocate a set of clear duties, payment timings, and administrative rights. Below are the principal duties and rights created or recognised by the instrument, with the relevant provisions cited.

Duties to pay and timing

• Default liability for trial‑setting fee. Regulation 5(2)(a)(i) states the fee for setting a trial date is payable by the applicant unless the Court or a registrar directs otherwise. Regulation 5(2)(a)(ii) requires payment within 14 days after the day on which the trial date is set. Regulation 5(2)(b) provides that the trial will not proceed on the day set unless the fee has been paid in accordance with r 5(2)(a). These provisions create a duty on applicants to pay promptly and a procedural consequence (non‑commencement) for non‑payment.

• Trial day fee rules. Regulation 5(3)(a) fixes the fee for a trial as the prescribed fee in force on the day the trial commences. Regulation 5(3)(b) exempts the first day of trial from the prescribed trial fee where the fee for setting the trial date has been paid. Regulation 5(3)(c) makes the applicant the default payer of the prescribed trial fees for each day or part‑day, subject to r 5(3)(d), which permits the Court or a registrar to direct another party or the parties in proportions to pay.

• Deposit requirement. Regulation 5(4) allows the Registrar to require a party to pay a deposit on account of any amount to which the party may become liable under these regulations. That gives the Registrar a proactive cashflow enforcement mechanism.

Probate duties and reconciliation

• Accurate disclosure of gross value. Regulation 6(3) imposes a duty on applicants to disclose the gross value of a deceased estate. If, on further inquiry after a prescribed application is lodged, the Registrar determines the gross value is different from that disclosed, the Registrar must either refund the difference to the applicant (if the gross value is lower than disclosed) or require payment of the difference (if higher than disclosed). The duty thus includes an obligation to ensure accuracy in initial disclosure and exposes applicants to subsequent payment calls.

Exemptions and calculation of costs

• Government agency exemption. Regulation 7(1) confers a right on a government agency not to pay any fee or charge for obtaining a transcript of proceedings in the Court’s criminal jurisdiction, or for obtaining a copy of evidence in any such proceedings to which it is a party. This is a substantive exemption from specific fees.

• Costs calculation for government agencies. Regulation 7(2) creates an administrative rule: any costs to which a government agency is entitled will be calculated as if the government agency were liable to pay, and had in fact paid, the fees and charges from which it is exempt. That is a rights/duties interaction: the exemption is coupled with a rule that treats the agency, for cost‑calculation purposes, as if it had incurred the fee. This affects the quantum of costs recovered by or awarded to the agency.

Discretionary powers

• Court or registrar direction. Regulation 5 preserves judicial or registrar discretion to vary the default allocation of fee liability for both the setting fee and trial day fees (r 5(2)(a), r 5(3)(d)). That creates procedural and case‑management flexibility: parties may not be permanently bound by the default allocation.

Non‑creation of offences

• No penalty provisions within instrument. The regulations themselves do not create criminal offences or specify monetary penalties beyond payment obligations; enforcement appears to be by administrative measures (non‑commencement of trial, deposit requirements, Registrar calls for payment) and by the ordinary civil cost mechanisms (see r 5(6) which references s 15 of the Crown Proceedings Act 1992 on Crown liability for fees and charges).

Defined terms that carry rights/duties

• Definitions in regulation 3 (Crown, government agency, gross value, Registrar) determine who benefits from exemptions, who is liable for fees, who can be required to pay deposits, and whose disclosures trigger probate fee adjustments. The definitions are operative in establishing who bears duties and who has rights under the regulations.

Together, these provisions create a framework where applicants have initial payment duties with explicit timing and consequences for non‑payment; registrars and the Court have discrete collection and allocation powers; probate applicants face post‑lodgment reconciliation obligations; and government agencies hold a targeted fee exemption coupled with a cost‑calculation rule.

The regulations do not prescribe criminal penalties or statutory fines. Enforcement in the instrument is exercised through procedural and financial mechanisms directed at collecting fees, allocating liability, and managing court processes.

Procedural enforcement mechanisms

• Non‑commencement of trial. Regulation 5(2)(b) provides that a trial will not proceed on the day set unless the trial‑setting fee has been paid in accordance with regulation 5(2)(a). That is the primary non‑payment enforcement lever in the general jurisdiction: where an applicant fails to pay the trial‑setting fee within 14 days, the Court may refuse to proceed with the trial on the scheduled day. The rule therefore functions as an immediate operational sanction on non‑payment, affecting access to the hearing timetable.

• Registrar deposit power. Regulation 5(4) permits the Registrar to require a party to pay a deposit on account of any amount to which the party may become liable under the regulations. This is a pre‑emptive collection tool: the Registrar may require funds before costs crystallise, thereby securing funds to meet fees and execution costs.

Financial enforcement mechanisms and cost recovery

• Fee recalculation in probate. Regulation 6(3) gives the Registrar the power to call for payment of the additional fee where the gross value of a deceased estate is higher than originally disclosed, or to refund the difference where the gross value is lower. That is an administrative recovery mechanism: the Registrar enforces accurate fee payment by reconciling to the actual gross value discovered on further inquiry.

• Execution costs as fees. Regulation 5(1)(b) recognises “any costs reasonably incurred in the execution of process” in addition to prescribed fees. The list of examples in regulation 5(1) shows categories that the Court will treat as legitimate costs for recovery, and therefore as amounts that can be pursued or required from parties.

Interaction with Crown liability provisions

• Reference to Crown Proceedings Act 1992. Regulation 5(6) states that s 15 of the Crown Proceedings Act 1992 makes provision in relation to the Crown’s liability for fees and charges in civil proceedings. That cross‑reference indicates enforcement against the Crown follows the rules in that Act rather than the default provisions here (regulation 5(6)). The regulations themselves do not alter Crown immunity or liability except by reference.

No express enforcement powers beyond administrative measures

• Absent statutory fines or specified offences. The regulations do not specify pecuniary penalties, imprisonment, or other sanctions for non‑compliance. Enforcement therefore relies on the practical levers of the Court and Registrar,refusing to proceed, requiring deposits, making adjustment calls, and normal civil processes for cost recovery.

Practical effect

• The combination of non‑commencement, deposit powers and fee reconciliation creates operational enforcement pressure: parties who do not comply with payment obligations face postponement, additional financial calls, and potential cost orders through usual court processes. For government agencies, exemption from criminal transcript and evidence copy fees (regulation 7(1)) is tempered by the rule that costs will be calculated as if the agency had paid those fees (regulation 7(2)), which affects net recoverable amounts.

In short, enforcement is administrative and civil rather than penal: the Court and Registrar hold procedural levers and collection powers, and the Crown’s position is governed by the Crown Proceedings Act 1992 as referenced.

The regulations cross‑refer to, and operate alongside, several statutes and the Supreme Court Act 1935 itself. Those interactions shape application, definitional reach, and enforcement.

Primary statutory base

• Supreme Court Act 1935. The regulations are made under the Supreme Court Act 1935 (see the instrument heading and regulation 1). Regulation 4 expressly operates for the purposes of paragraph (d) of the definition of “prescribed court” in s 39(6) of the Act, prescribing the Legal Practitioners Disciplinary Tribunal and the South Australian Civil and Administrative Tribunal for that definition. The regulations provide rule‑making detail that complements the principal Act’s structure on fee allocation and court procedure.

Cross‑references to other Acts in specific provisions

• Succession Act 2023. Regulation 6(4) defines “administration” and “probate” by reference to the Succession Act 2023 (s 3), and regulation 6(3) applies to prescribed applications including those for grants of probate or administration and for registration or sealing of grants under s 57 of the Succession Act 2023. This links the probate fee reconciliation regime directly to the Succession Act‘s definitions and grant processes; accuracy of disclosures under the Succession Act therefore has a direct fee consequence under these regulations.

• Public Trustee Act 1995. Regulation 6(4) includes applications for an order under s 9 of the Public Trustee Act 1995 in the definition of “prescribed application”, bringing applications under that Act within the fee adjustment mechanism for probate.

• Crown Proceedings Act 1992. Regulation 5(6) states that s 15 of the Crown Proceedings Act 1992 makes provision regarding the Crown’s liability for fees and charges in civil proceedings. This signals that Crown liability for fees is to be determined by the Crown Proceedings Act and not altered by these regulations.

External statutory entities referenced in definitions

• Heavy Vehicle National Law (South Australia). Regulation 3 includes the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (South Australia) in the definition of “government agency”. That imports an external statutory entity into the class that benefits from the exemption in regulation 7, and clarifies that some national regulators are within the scope of “government agency” for the regulations’ purposes.

Operational linkages and procedural rules

• Rules of court. The definition of “gross value” is tied to disclosure “as disclosed to the Registrar in accordance with the rules of court made under the Act” (regulation 3). That means the content, form and timing of disclosure are governed by the rules of court, and the fee reconciliation power in regulation 6 operates against that disclosure framework.

Legislative history and subordinate legislation relationships

• The legislative history records a series of amendment instruments (Gazette notices and regulation numbers) that varied or substituted schedules and provisions (see the Legislative history section). Those instruments altered definitions and various subregulations over time. The history indicates that provisions such as r 2 were omitted and that earlier Schedules were substituted or deleted; those changes show how these regulations are part of an iterative subordinate legislation framework that interacts with rule changes and policy adjustments.

Net effect of interactions

• Determination of fee liabilities, the scope of exemptions, reconciliation in probate matters and the treatment of the Crown are all mediated by other statutes and rules of court. Practically, practitioners must read regulation 6 with the Succession Act and the applicable rules of court; regulation 5 with the Supreme Court Act and rules of court for procedure and prescribed fees; and regulation 5(6) with the Crown Proceedings Act 1992 for Crown fee liability. Regulation 7’s exemption operates within the criminal jurisdiction but its cost calculation rule engages normal civil cost assessment mechanisms.

The regulations therefore function as a subordinate layer that assigns fee mechanics and limited exemptions while relying on definitions, procedural rules and Crown provisions in other Acts to determine precise legal outcomes.

The instrument provides a detailed legislative history summarising its commencement, revocations, and subsequent amendment instruments. The history should be read as the authoritative chain of subordinate legislation changes recorded in the source.

• Commencement and revocation. The Supreme Court Regulations 2018 commenced as the principal regulations, revoking the Supreme Court Regulations 2005. The principal regulations and variations table records the initial Gazette entry and commencement (Gazette 13.2.2018 p748; r 2 commenced 13.2.2018).

• Notable amendment instruments and dates. The legislative history lists a sequence of variations and substitution instruments with Gazette references and commencement dates. Among them:

  • 2018 No 85 (Gazette 21.6.2018 p2205) commenced 1.7.2018.
  • 2018 No 225 (Gazette 8.11.2018 p3943) commenced 26.11.2018.
  • 2019 No 100 (Gazette 13.6.2019 p1937) and 2019 No 184 (Gazette 27.6.2019 p2577) took effect 1.7.2019.
  • 2020 No 29 (Gazette 2.4.2020 p633) commenced 27.4.2020.
  • 2020 No 128 (Gazette 4.6.2020 p2963) commenced 1.7.2020.
  • 2025 No 47 (Gazette 26.6.2025 p2097) commenced 26.6.2025.

• Specific provision variations. The “Provisions varied” list identifies which regulations or subregulations were amended, deleted or inserted by specific instruments and the commencement date of each amendment. Examples recorded include:

  • r 2 omitted under the Legislation Revision and Publication Act 2002 (1.7.2018).
  • Multiple deletions of defined terms in r 3 by 128/2020 taking effect 1.7.2020 (corporation, not‑for‑profit organisation, prescribed corporation, small business, subsidiary).
  • Insertion and deletion of “Electronic System” in r 3 by 29/2020 and subsequent deletion by 128/2020.
  • Variations to r 5 in 29/2020 and 128/2020 with specific subparagraph references detailed in the history.
  • Substitution and deletion of Schedules 1-3 at different dates: Sch 1 was substituted by 85/2018 and by 100/2019, varied by 184/2019, substituted by 29/2020 and deleted by 128/2020; Sch 2 was likewise substituted and varied and deleted by 128/2020; Sch 3 was omitted under the Legislation Revision and Publication Act 2002.

• Insertions in 2025. Regulation 6(4) shows that “administration” and “probate” were inserted or defined by 47/2025 r 3(1) and r 3(3) respectively, and “prescribed application” was amended by 47/2025 r 3(2) with commencement 26.6.2025.

• Historical versions. The legislative history records the dates for historical versions available: 1.7.2018, 26.11.2018, 1.7.2019, 27.4.2020, and 1.7.2020. This indicates that multiple consolidations or versions are available that track the instrument’s evolution.

Implications for practitioners

• When relying on a particular provision, practitioners should consult the version of the regulations in force on the relevant date, because definitions and Schedules have been varied, substituted and deleted multiple times. The history indicates substantial editing to definitions in r 3, alterations to r 5 and r 6, and removal or substitution of Schedules,each of which could materially affect fees, definitions and procedural requirements.

• The record of deletions and insertions suggests the instrument has been used to implement policy changes over time (for example, deleting or adding definitions, substituting Schedules that presumably set fee amounts, though those Schedules are not reproduced in the provided text). The history therefore functions as a necessary cross‑reference to determine the operative text at any historical point.

The legislative history included in the source is the only permitted authority for amendment tracing; users must rely on that table and consult the published consolidated text that corresponds to the relevant commencement dates.

The regulations’ text and accompanying legislative history as provided do not record any litigation or case law interpreting these regulations. The instrument names the Legal Practitioners Disciplinary Tribunal and the South Australian Civil and Administrative Tribunal as prescribed courts for a specific purpose (regulation 4), but the source does not cite any case law or judicial decisions concerning interpretation or application of the regulations.

• No cases recorded in the source. The document does not list reported decisions, appeals, or any judicial determinations interpreting r 5 (fees), r 6 (probate fee reconciliation), r 7 (government agency exemptions), or the definitional provisions in r 3.

• Practical consequence. Practitioners seeking to understand how the Court and registrars have applied the deposit power (r 5(4)), allocated trial fee liabilities under r 5(3)(d), reconciled gross value disclosures in probate under r 6(3), or treated government agency exemptions and cost calculations under r 7(1)-(2), will need to search external case law databases or practice guidance; none is included in this instrument.

• Administrative practice matters. In the absence of recorded litigation in the source, day‑to‑day administration and registrar practice notes, court directions, and rules of court may be the principal sources that illustrate operational application. The regulations themselves delegate several determinations to registrars and to rules of court,areas where administrative practice rather than case law may govern routine outcomes.

Therefore, based on the document provided, there is no litigation history to summarise. Any reference to cases or contested interpretations would require external authority not contained in this source.

The regulations are compact, but several practical pitfalls arise from their wording and the interaction of provisions with other instruments and external procedural rules. These are concrete operational issues users should note.

• Default payer versus possible redirection. The applicant is the default payer for the fee for setting a trial date (r 5(2)(a)(i)) and for each trial day (r 5(3)(c)), but the Court or a registrar may direct that another party or the parties pay in specified proportions (r 5(3)(d)). Practitioners should not assume the applicant will always bear fees; the Court’s case management power can reallocate liability, potentially producing unexpected fee exposure for clients who are not applicants.

• Timing and non‑proceeding risk. The trial‑setting fee must be paid within 14 days of the date for which the trial is set (r 5(2)(a)(ii)), and the trial will not proceed on the day set unless the fee has been paid (r 5(2)(b)). Missing that 14‑day deadline can lead to a trial not proceeding on the scheduled day, which carries consequential costs (adjournment, rescheduling, delay) not detailed in the regulations but foreseeable in practice.

• Trial fee computation tied to commencement day. The fee for each trial day is the prescribed fee "as in force on the day on which the trial commences" (r 5(3)(a)). If fees change between the date the matter is listed and the day of the trial, the fee applied is that in force on commencement, potentially increasing liability unexpectedly. Conversely, if fees decrease, the applicable fee is the lower one, but predictions are necessary for budgeting.

• First‑day fee credit limited. The prescribed trial fee is not payable for the first day of trial only if the trial‑setting fee has been paid (r 5(3)(b)). If the setting fee was not paid (for example, if payment lapsed or was otherwise not accepted), the first‑day exemption may not apply, leading to double charging or disputes about entitlement.

• Registrar deposit power is discretionary and can affect cashflow. Regulation 5(4) allows the Registrar to require a deposit on account of any amount a party may become liable to pay. Deposits can be called before liability is finalised and may strain litigants’ liquidity or increase the transactional cost of litigation.

• Probate gross value disclosure consequences. Regulation 6(3) requires post‑lodgment reconciliation where the Registrar determines the gross value of the estate differs from the disclosed amount. An understated disclosure triggers an additional fee demand; an overstated disclosure triggers a refund. Practitioners should ensure gross value is disclosed accurately according to the rules of court (r 3 definition) to avoid subsequent calls for significant top‑ups or the administrative burden of refunds.

• Government agency exemption is narrow and has a countervailing calculation rule. Regulation 7(1) exempts government agencies from fees for obtaining transcripts and copies of evidence in the criminal jurisdiction, but regulation 7(2) instructs that any costs to which a government agency is entitled are to be calculated as if the agency had paid those exempted fees. The exemption therefore does not necessarily simplify cost recovery: the agency’s net recoverable costs are calculated on the hypothetical that the agency paid the fees, which could reduce the agency’s net cost advantage or create unexpected cost calculations in awards.

• Interaction with external definitions and rules. The definition of “gross value” refers to disclosure “in accordance with the rules of court made under the Act” (r 3). Because the rules of court are external to these regulations, misunderstandings about required disclosure format, timing, or valuation method may lead to incorrect disclosure and subsequent fee adjustments under r 6(3). Practitioners must consult the rules of court to ensure compliance.

• Crown liability governed elsewhere. Regulation 5(6) states s 15 of the Crown Proceedings Act 1992 makes provision in relation to the Crown’s liability for fees and charges. Users may mistakenly assume these regulations determine Crown liability; instead, the Crown’s position follows the Crown Proceedings Act. Failure to account for that cross‑reference can produce incorrect billing or recovery strategies involving Crown parties.

• Amendments and schedule changes. The legislative history shows multiple substitutions, deletions and variations to Schedules and definitions (for example, deletions in r 3 enacted by 128/2020 and insertions in 2025). Fee amounts and definitional scope were likely modified across versions; relying on an out‑of‑date consolidated text can lead to misapplication of current fee rules.

These “gotchas” are concrete operational risks flowing from timing rules, registrar discretion, narrow exemptions with offsetting calculation rules, and dependencies on the rules of court and other statutes. Practitioners should verify the operative version of the regulations and consult the rules of court and relevant provisions of the Succession Act 2023 and the Crown Proceedings Act 1992 where necessary.

Compliance under these regulations is primarily administrative and financial. The following steps set out behaviour and checks that parties and practitioners should follow to meet obligations imposed by the instrument, citing the provisions that create each obligation.

1. Identify the relevant version of the regulations and applicable Schedules. The legislative history records multiple amendments and substitutions to Schedules and definitions. Before acting, confirm the consolidated version in force on the relevant date (consult the Gazette commencement notices listed in the legislative history).

2. For general jurisdiction proceedings, ensure timely payment of the trial‑setting fee. Regulation 5(2)(a)(ii) requires the fee to be paid within 14 days after the day on which the trial date is set. Practitioners acting for applicants should diarise the 14‑day deadline immediately when a trial date is fixed, ensure sufficient funds are available, and confirm payment receipt with the registry to avoid the trial not proceeding under r 5(2)(b).

3. Budget for trial day fees and watch the fee in force on the trial commencement day. Regulation 5(3)(a) ties the trial day fee to the prescribed fee in force on commencement. Ensure budgeting accounts for possible fee increases between listing and commencement, and confirm which fee schedule applies on the commencement date.

4. Consider the first‑day exemption and the consequences of not having paid the setting fee. Regulation 5(3)(b) provides that no trial fee is payable for the first day if the setting fee has been paid. Confirm that the setting fee payment was accepted and posted; if not, be prepared to pay the first‑day fee.

5. Prepare for potential reallocation of fee liability. Since regulation 5(3)(d) allows the Court or a registrar to direct that another party pay fees, include fee exposure analysis in litigation budgets for all parties and consider making submissions to the Court or Registrar if fee allocation is a material issue in case management.

6. Be ready to pay deposits if required. Under regulation 5(4), the Registrar may require a deposit on account of amounts a party may become liable for. Assess the likelihood of a deposit call and maintain liquidity or make arrangements to meet such calls promptly.

7. For probate and administration applications, disclose gross value accurately in line with the rules of court. Regulation 3 defines “gross value” as the estate value "as disclosed to the Registrar in accordance with the rules of court made under the Act". To avoid additional fees or unnecessary refunds under regulation 6(3), ensure valuation methods, timing, and the disclosure process conform to the rules of court and any Registrar requirements.

8. Monitor for Registrar inquiries after lodging a probate application. Regulation 6(3) empowers the Registrar to determine on further inquiry if gross value differs from that disclosed, triggering a refund or a requirement to pay the difference. Retain supporting valuation documents and be prepared to respond to inquiries promptly.

9. If acting for a government agency in criminal proceedings, apply the exemption correctly. Regulation 7(1) exempts government agencies from fees for obtaining transcripts and copies of evidence where the agency is a party. However, be aware that regulation 7(2) requires costs to be calculated as if the agency had paid the exempted fees. When preparing cost claims or budget submissions, model costs on the basis required by r 7(2).

10. Coordinate with the rules of court and other statutory provisions. The regulations defer to rules of court (for example, in disclosure requirements for “gross value”) and to other Acts for Crown liability (regulation 5(6) referring to s 15 of the Crown Proceedings Act 1992). Review those instruments to ensure full compliance and to understand enforcement or liability nuances.

11. Keep records of payments and Registrar directions. Since the Court or Registrar can direct who pays fees and can require deposits, maintain contemporaneous records of all payments, directions and confirmations from the Registry to evidence compliance and to support any subsequent cost recovery claims.

12. When in doubt, seek directions from the Court or Registrar. The regulations explicitly provide that the Court or a registrar may direct otherwise in matters of payment and allocation (regulation 5(2)(a) and 5(3)(d)). If fee allocation, deposit calls or exemption application is uncertain, make an application or request a registrar direction to clarify obligations and to build a procedural record.

These steps follow directly from the regulations’ operative clauses (regulation 5 for general jurisdiction fees, regulation 6 for probate, regulation 7 for exemptions, and regulation 3 for definitions). Compliance requires proactive financial planning, accurate disclosure in probate matters, careful tracking of payment deadlines, and engagement with registrars where discretion is available.