Preliminary

sec.1 Short title

This regulation may be cited as the Uniform Civil Procedure (Fees) Regulation 2019 .

sec.2 Definitions

The dictionary in schedule 4 defines particular words used in this regulation.

sec.2A Rounding of amounts expressed as numbers of fee units

This section applies for working out the amount of a fee expressed in this regulation as a number of fee units. For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55. s 2A ins 2022 SL No. 79 s 170 (sec.2A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units. (sec.2A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55. s 2A ins 2022 SL No. 79 s 170

• (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
• (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or
• (c) if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or
• (d) if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).

Court fees

Supreme Court and District Court

sec.3 Fees for Supreme Court and District Court generally

This part (other than divisions 2 and 3 ) and schedules 1 and 2A apply for the Supreme Court and the District Court and set out fees payable in relation to proceedings in the Supreme Court and the District Court. See division 2A , subdivision 2 for working out the amount of particular fees in relation to service and enforcement. Neither schedule 1 nor 2A applies in relation to, or affects, fees or percentages directed to be taken or paid by an Act for which no fee or percentage is stated in the schedule. A registrar, enforcement officer, marshal or marshal’s officer need not pay a fee mentioned in schedule 1 or 2A . To remove any doubt, it is declared that for applying this part (other than divisions 2 , 2A and 3 ) and schedule 1 , a liquidator, receiver, administrator or other person acting for, or on behalf of, a corporation in a proceeding must pay the fee payable by a corporation. For the District Court of Queensland Act 1967 , section 45 (1) , the fees under schedule 2A , other than item 5, are prescribed as bailiffs’ fees. However, for a bailiff employed as a public service officer on a full-time or part-time basis, a fee mentioned in subsection (5) is prescribed as a bailiff’s fee only to the extent the function to which the fee relates is performed by the bailiff outside the bailiff’s normal working hours. To remove any doubt, it is declared that subsection (6) does not affect the amount payable by the person for whom the function is performed. s 3 sub 2025 SL No. 57 s 4 (sec.3-ssec.1) This part (other than divisions 2 and 3 ) and schedules 1 and 2A apply for the Supreme Court and the District Court and set out fees payable in relation to proceedings in the Supreme Court and the District Court. See division 2A , subdivision 2 for working out the amount of particular fees in relation to service and enforcement. (sec.3-ssec.2) Neither schedule 1 nor 2A applies in relation to, or affects, fees or percentages directed to be taken or paid by an Act for which no fee or percentage is stated in the schedule. (sec.3-ssec.3) A registrar, enforcement officer, marshal or marshal’s officer need not pay a fee mentioned in schedule 1 or 2A . (sec.3-ssec.4) To remove any doubt, it is declared that for applying this part (other than divisions 2 , 2A and 3 ) and schedule 1 , a liquidator, receiver, administrator or other person acting for, or on behalf of, a corporation in a proceeding must pay the fee payable by a corporation. (sec.3-ssec.5) For the District Court of Queensland Act 1967 , section 45 (1) , the fees under schedule 2A , other than item 5, are prescribed as bailiffs’ fees. (sec.3-ssec.6) However, for a bailiff employed as a public service officer on a full-time or part-time basis, a fee mentioned in subsection (5) is prescribed as a bailiff’s fee only to the extent the function to which the fee relates is performed by the bailiff outside the bailiff’s normal working hours. (sec.3-ssec.7) To remove any doubt, it is declared that subsection (6) does not affect the amount payable by the person for whom the function is performed.

sec.4 Setting down fee and hearing fee

A setting down fee and hearing fee are payable for a hearing or trial of a proceeding under this section, unless— the hearing or trial is set down for 1 day or less; or the hearing relates to an interlocutory application. Unless a court on application by a party to the proceeding orders otherwise, the fees are payable by— for a claim for which a request for trial date is filed under the Uniform Civil Procedure Rules 1999 , rule 467 —the plaintiff; or for an application that is an originating process—the applicant; or for an appeal to the Court of Appeal—the appellant; or for an appeal to the District Court for which a certificate of readiness is filed under the Uniform Civil Procedure Rules 1999 , rule 790 —the appellant. However, another person may pay the fees without affecting the power of the court to make an order for costs in relation to the fees. The fees must be paid— for a proceeding mentioned in subsection (2) (a) or (d) —when the request for trial date or certificate of readiness is filed; or for a proceeding mentioned in subsection (2) (b) or (c) —by the earlier of the following— the day that is 10 business days after a registrar sets a date for the hearing or trial of the proceeding or adds the appeal to a list of appeals under the Uniform Civil Procedure Rules 1999 , rule 790 (4) ; 9.30a.m. on the first day set for the hearing or trial of the proceeding. If additional hearing or trial dates are set for the proceeding, a hearing fee for the additional hearing or trial dates is payable by the earlier of the following— the day that is 10 business days after the additional hearing or trial dates are set; 9.30a.m. on the first day set for the additional hearing or trial dates. (sec.4-ssec.1) A setting down fee and hearing fee are payable for a hearing or trial of a proceeding under this section, unless— the hearing or trial is set down for 1 day or less; or the hearing relates to an interlocutory application. (sec.4-ssec.2) Unless a court on application by a party to the proceeding orders otherwise, the fees are payable by— for a claim for which a request for trial date is filed under the Uniform Civil Procedure Rules 1999 , rule 467 —the plaintiff; or for an application that is an originating process—the applicant; or for an appeal to the Court of Appeal—the appellant; or for an appeal to the District Court for which a certificate of readiness is filed under the Uniform Civil Procedure Rules 1999 , rule 790 —the appellant. (sec.4-ssec.3) However, another person may pay the fees without affecting the power of the court to make an order for costs in relation to the fees. (sec.4-ssec.4) The fees must be paid— for a proceeding mentioned in subsection (2) (a) or (d) —when the request for trial date or certificate of readiness is filed; or for a proceeding mentioned in subsection (2) (b) or (c) —by the earlier of the following— the day that is 10 business days after a registrar sets a date for the hearing or trial of the proceeding or adds the appeal to a list of appeals under the Uniform Civil Procedure Rules 1999 , rule 790 (4) ; 9.30a.m. on the first day set for the hearing or trial of the proceeding. (sec.4-ssec.5) If additional hearing or trial dates are set for the proceeding, a hearing fee for the additional hearing or trial dates is payable by the earlier of the following— the day that is 10 business days after the additional hearing or trial dates are set; 9.30a.m. on the first day set for the additional hearing or trial dates.

• (a) the hearing or trial is set down for 1 day or less; or
• (b) the hearing relates to an interlocutory application.
• (a) for a claim for which a request for trial date is filed under the Uniform Civil Procedure Rules 1999 , rule 467 —the plaintiff; or
• (b) for an application that is an originating process—the applicant; or
• (c) for an appeal to the Court of Appeal—the appellant; or
• (d) for an appeal to the District Court for which a certificate of readiness is filed under the Uniform Civil Procedure Rules 1999 , rule 790 —the appellant.
• (a) for a proceeding mentioned in subsection (2) (a) or (d) —when the request for trial date or certificate of readiness is filed; or
• (b) for a proceeding mentioned in subsection (2) (b) or (c) —by the earlier of the following— (i) the day that is 10 business days after a registrar sets a date for the hearing or trial of the proceeding or adds the appeal to a list of appeals under the Uniform Civil Procedure Rules 1999 , rule 790 (4) ; (ii) 9.30a.m. on the first day set for the hearing or trial of the proceeding.
• (i) the day that is 10 business days after a registrar sets a date for the hearing or trial of the proceeding or adds the appeal to a list of appeals under the Uniform Civil Procedure Rules 1999 , rule 790 (4) ;
• (ii) 9.30a.m. on the first day set for the hearing or trial of the proceeding.
• (i) the day that is 10 business days after a registrar sets a date for the hearing or trial of the proceeding or adds the appeal to a list of appeals under the Uniform Civil Procedure Rules 1999 , rule 790 (4) ;
• (ii) 9.30a.m. on the first day set for the hearing or trial of the proceeding.
• (a) the day that is 10 business days after the additional hearing or trial dates are set;
• (b) 9.30a.m. on the first day set for the additional hearing or trial dates.

sec.5 Non-payment of setting down fee and hearing fee

If a party to a proceeding fails to pay the setting down fee or a hearing fee for the proceeding under section 4 — a registrar may list the matter of non-payment for hearing before the court and on hearing the matter the court may make an order or give the directions it considers appropriate about the matter; or the court may order that a hearing or trial relating to the proceeding is not to take place except with the court’s leave; or the court may vacate any hearing or trial date previously set for the proceeding. Subsection (1) does not limit the power of the court to make another order in relation to the proceeding. (sec.5-ssec.1) If a party to a proceeding fails to pay the setting down fee or a hearing fee for the proceeding under section 4 — a registrar may list the matter of non-payment for hearing before the court and on hearing the matter the court may make an order or give the directions it considers appropriate about the matter; or the court may order that a hearing or trial relating to the proceeding is not to take place except with the court’s leave; or the court may vacate any hearing or trial date previously set for the proceeding. (sec.5-ssec.2) Subsection (1) does not limit the power of the court to make another order in relation to the proceeding.

• (a) a registrar may list the matter of non-payment for hearing before the court and on hearing the matter the court may make an order or give the directions it considers appropriate about the matter; or
• (b) the court may order that a hearing or trial relating to the proceeding is not to take place except with the court’s leave; or
• (c) the court may vacate any hearing or trial date previously set for the proceeding.

sec.6 Refund of setting down fee and hearing fee

A registrar must refund 75% of the setting down fee and hearing fee paid by a party to a proceeding if— the party gives the registrar a request for refund of the fees in the approved form, at least 10 business days before the first day set for the hearing or trial of the proceeding, stating the hearing or trial will not happen; and the hearing or trial of the proceeding does not happen.

• (a) the party gives the registrar a request for refund of the fees in the approved form, at least 10 business days before the first day set for the hearing or trial of the proceeding, stating the hearing or trial will not happen; and
• (b) the hearing or trial of the proceeding does not happen.

sec.7 General provisions

A party to a proceeding may apply under section 8 , 9 or 10 for an order that the party pay the reduced fee instead of 1 of the following fees for the proceeding (each a relevant fee )— a fee mentioned in schedule 1 , item 1 on filing a document starting the proceeding; for a party other than a corporation—a fee mentioned in schedule 1 , item 2 on filing a document starting the proceeding; a setting down fee; a hearing fee. However, a person may not make an application under section 8 , 9 or 10 — for a proceeding to which the Vexatious Proceedings Act 2005 , section 10 (2) applies; or for an application for leave under the Vexatious Proceedings Act 2005 , section 11 , unless and until the leave is granted. If an order made under section 8 , 9 or 10 states the day by which the reduced fee must be paid, the reduced fee is payable on or before that day. If an order is made under section 8 , 9 or 10 for a party to a proceeding to pay the reduced fee instead of a fee mentioned in subsection (1) (a) or (b) for the proceeding, a setting down fee and hearing fee are not payable for the proceeding. Also, if an order is made under section 8 , 9 or 10 for a party to a proceeding to pay the reduced fee instead of the setting down fee for the proceeding, a hearing fee is not payable for the proceeding. (sec.7-ssec.1) A party to a proceeding may apply under section 8 , 9 or 10 for an order that the party pay the reduced fee instead of 1 of the following fees for the proceeding (each a relevant fee )— a fee mentioned in schedule 1 , item 1 on filing a document starting the proceeding; for a party other than a corporation—a fee mentioned in schedule 1 , item 2 on filing a document starting the proceeding; a setting down fee; a hearing fee. (sec.7-ssec.2) However, a person may not make an application under section 8 , 9 or 10 — for a proceeding to which the Vexatious Proceedings Act 2005 , section 10 (2) applies; or for an application for leave under the Vexatious Proceedings Act 2005 , section 11 , unless and until the leave is granted. (sec.7-ssec.3) If an order made under section 8 , 9 or 10 states the day by which the reduced fee must be paid, the reduced fee is payable on or before that day. (sec.7-ssec.4) If an order is made under section 8 , 9 or 10 for a party to a proceeding to pay the reduced fee instead of a fee mentioned in subsection (1) (a) or (b) for the proceeding, a setting down fee and hearing fee are not payable for the proceeding. (sec.7-ssec.5) Also, if an order is made under section 8 , 9 or 10 for a party to a proceeding to pay the reduced fee instead of the setting down fee for the proceeding, a hearing fee is not payable for the proceeding.

• (a) a fee mentioned in schedule 1 , item 1 on filing a document starting the proceeding;
• (b) for a party other than a corporation—a fee mentioned in schedule 1 , item 2 on filing a document starting the proceeding;
• (c) a setting down fee;
• (d) a hearing fee.
• (a) for a proceeding to which the Vexatious Proceedings Act 2005 , section 10 (2) applies; or
• (b) for an application for leave under the Vexatious Proceedings Act 2005 , section 11 , unless and until the leave is granted.

sec.8 Particular applications registrar must approve

This section applies to a party to a proceeding who is an individual if the party— has been given legal assistance under the Legal Aid Queensland Act 1997 for the proceeding; or has been given aid or other legal assistance under the Public Trustee Act 1978 for the proceeding; or is the holder of— a current health care card, pensioner concession card or seniors health card under the Social Security Act 1991 (Cwlth) ; or another card issued by the Commonwealth that certifies the holder’s current entitlement to a Commonwealth health concession; or is receiving a youth allowance, an austudy payment or a benefit under the ABSTUDY scheme under the Social Security Act 1991 (Cwlth) . The party may apply to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding. See, however, section 7 (2) . The application must— be in the approved form; and be accompanied by proof of a matter mentioned in subsection (1) . On receipt of an application made under this section, the registrar must, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding. The order must state the day by which the reduced fee must be paid. Subsection (5) does not apply if the relevant fee has been paid before the order is made. For refunds of excess amounts paid, see section 12 . In this section— holder , of a card, does not include a dependant of the person who is issued the card. s 8 amd 2024 SL No. 204 s 3 (sec.8-ssec.1) This section applies to a party to a proceeding who is an individual if the party— has been given legal assistance under the Legal Aid Queensland Act 1997 for the proceeding; or has been given aid or other legal assistance under the Public Trustee Act 1978 for the proceeding; or is the holder of— a current health care card, pensioner concession card or seniors health card under the Social Security Act 1991 (Cwlth) ; or another card issued by the Commonwealth that certifies the holder’s current entitlement to a Commonwealth health concession; or is receiving a youth allowance, an austudy payment or a benefit under the ABSTUDY scheme under the Social Security Act 1991 (Cwlth) . (sec.8-ssec.2) The party may apply to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding. See, however, section 7 (2) . (sec.8-ssec.3) The application must— be in the approved form; and be accompanied by proof of a matter mentioned in subsection (1) . (sec.8-ssec.4) On receipt of an application made under this section, the registrar must, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding. (sec.8-ssec.5) The order must state the day by which the reduced fee must be paid. (sec.8-ssec.6) Subsection (5) does not apply if the relevant fee has been paid before the order is made. For refunds of excess amounts paid, see section 12 . (sec.8-ssec.7) In this section— holder , of a card, does not include a dependant of the person who is issued the card.

• (a) has been given legal assistance under the Legal Aid Queensland Act 1997 for the proceeding; or
• (b) has been given aid or other legal assistance under the Public Trustee Act 1978 for the proceeding; or
• (c) is the holder of— (i) a current health care card, pensioner concession card or seniors health card under the Social Security Act 1991 (Cwlth) ; or (ii) another card issued by the Commonwealth that certifies the holder’s current entitlement to a Commonwealth health concession; or
• (i) a current health care card, pensioner concession card or seniors health card under the Social Security Act 1991 (Cwlth) ; or
• (ii) another card issued by the Commonwealth that certifies the holder’s current entitlement to a Commonwealth health concession; or
• (d) is receiving a youth allowance, an austudy payment or a benefit under the ABSTUDY scheme under the Social Security Act 1991 (Cwlth) .
• (i) a current health care card, pensioner concession card or seniors health card under the Social Security Act 1991 (Cwlth) ; or
• (ii) another card issued by the Commonwealth that certifies the holder’s current entitlement to a Commonwealth health concession; or
• (a) be in the approved form; and
• (b) be accompanied by proof of a matter mentioned in subsection (1) .

sec.9 Financial hardship

This section applies to a party to a proceeding who is an individual if the party has not made an application under section 8 . The party may apply in the approved form to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding on the ground of financial hardship. See, however, section 7 (2) . Any information or documents included in the approved form, or attached to or given with the approved form, in support of the party’s application must be verified by statutory declaration. In considering the application, the registrar must have regard to the party’s income, day-to-day living expenses, bank balances and cash on hand. If the registrar reasonably believes there is a ground of financial hardship, the registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding. The registrar may decide the application summarily and without extensive investigation. The order must state the day by which the reduced fee must be paid. Subsection (7) does not apply if the relevant fee has been paid before the order is made. For refunds of excess amounts paid, see section 12 . s 9 amd 2021 SL No. 11 s 6 (sec.9-ssec.1) This section applies to a party to a proceeding who is an individual if the party has not made an application under section 8 . (sec.9-ssec.2) The party may apply in the approved form to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding on the ground of financial hardship. See, however, section 7 (2) . (sec.9-ssec.3) Any information or documents included in the approved form, or attached to or given with the approved form, in support of the party’s application must be verified by statutory declaration. (sec.9-ssec.4) In considering the application, the registrar must have regard to the party’s income, day-to-day living expenses, bank balances and cash on hand. (sec.9-ssec.5) If the registrar reasonably believes there is a ground of financial hardship, the registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding. (sec.9-ssec.6) The registrar may decide the application summarily and without extensive investigation. (sec.9-ssec.7) The order must state the day by which the reduced fee must be paid. (sec.9-ssec.8) Subsection (7) does not apply if the relevant fee has been paid before the order is made. For refunds of excess amounts paid, see section 12 .

sec.10 Corporations

This section applies to a party to a proceeding, other than a proceeding under the Corporations Act or the Admiralty Act 1988 (Cwlth) , if the party is a corporation. The party may apply in the approved form to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding. See, however, section 7 (2) . The registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding only if the registrar reasonably believes the party does not have, and can not reasonably obtain from another source, sufficient funds to pay the relevant fee. The order must state the day by which the reduced fee must be paid. Subsection (4) does not apply if the relevant fee has been paid before the order is made. For refunds of excess amounts paid, see section 12 . (sec.10-ssec.1) This section applies to a party to a proceeding, other than a proceeding under the Corporations Act or the Admiralty Act 1988 (Cwlth) , if the party is a corporation. (sec.10-ssec.2) The party may apply in the approved form to a registrar for an order that the party pay the reduced fee instead of a relevant fee for the proceeding. See, however, section 7 (2) . (sec.10-ssec.3) The registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding only if the registrar reasonably believes the party does not have, and can not reasonably obtain from another source, sufficient funds to pay the relevant fee. (sec.10-ssec.4) The order must state the day by which the reduced fee must be paid. (sec.10-ssec.5) Subsection (4) does not apply if the relevant fee has been paid before the order is made. For refunds of excess amounts paid, see section 12 .

sec.11 Review of registrar’s decision

A party who has made an application to a registrar under section 8 , 9 or 10 in relation to a proceeding and is dissatisfied with the registrar’s decision on the application may apply to the court for a review of the registrar’s decision. On the review, the court may— consider the application with or without a hearing; and consider anything the registrar was required to consider when making the decision; and make any order the court considers appropriate. (sec.11-ssec.1) A party who has made an application to a registrar under section 8 , 9 or 10 in relation to a proceeding and is dissatisfied with the registrar’s decision on the application may apply to the court for a review of the registrar’s decision. (sec.11-ssec.2) On the review, the court may— consider the application with or without a hearing; and consider anything the registrar was required to consider when making the decision; and make any order the court considers appropriate.

• (a) consider the application with or without a hearing; and
• (b) consider anything the registrar was required to consider when making the decision; and
• (c) make any order the court considers appropriate.

sec.12 Refund of excess amounts paid

This section applies if— under section 8 , 9 or 10 a registrar orders that a party to a proceeding pay the reduced fee instead of a relevant fee for the proceeding; and the party has paid the relevant fee, or another relevant fee mentioned in section 7 (1) that is no longer payable for the proceeding. The registrar must refund to the party any amount paid by the party for a fee mentioned in subsection (1) (b) that is more than the amount payable by the party for the fee under the order. (sec.12-ssec.1) This section applies if— under section 8 , 9 or 10 a registrar orders that a party to a proceeding pay the reduced fee instead of a relevant fee for the proceeding; and the party has paid the relevant fee, or another relevant fee mentioned in section 7 (1) that is no longer payable for the proceeding. (sec.12-ssec.2) The registrar must refund to the party any amount paid by the party for a fee mentioned in subsection (1) (b) that is more than the amount payable by the party for the fee under the order.

• (a) under section 8 , 9 or 10 a registrar orders that a party to a proceeding pay the reduced fee instead of a relevant fee for the proceeding; and
• (b) the party has paid the relevant fee, or another relevant fee mentioned in section 7 (1) that is no longer payable for the proceeding.

sec.13 Fees if account taken by registrar

This section applies if an account of an accounting party in the Supreme Court or the District Court is taken before a registrar. The fees for taking the account— must be paid by the party having the conduct of the order under which the account is taken and are part of that party’s costs of the proceeding, unless the court or a judge otherwise orders; and must be paid when the certificate stating the result of the taking of the account is filed. The registrar must include the fees in the account when the fees are paid, unless the court or a judge otherwise directs. The registrar may require a deposit of not more than the fees payable on the amount that, from the account, appears to have been received. If the registrar requires a deposit under subsection (4) , the registrar must make a note of the deposit in the account when the deposit is paid. In this section— accounting party see the Uniform Civil Procedure Rules 1999 , rule 530 (2) . (sec.13-ssec.1) This section applies if an account of an accounting party in the Supreme Court or the District Court is taken before a registrar. (sec.13-ssec.2) The fees for taking the account— must be paid by the party having the conduct of the order under which the account is taken and are part of that party’s costs of the proceeding, unless the court or a judge otherwise orders; and must be paid when the certificate stating the result of the taking of the account is filed. (sec.13-ssec.3) The registrar must include the fees in the account when the fees are paid, unless the court or a judge otherwise directs. (sec.13-ssec.4) The registrar may require a deposit of not more than the fees payable on the amount that, from the account, appears to have been received. (sec.13-ssec.5) If the registrar requires a deposit under subsection (4) , the registrar must make a note of the deposit in the account when the deposit is paid. (sec.13-ssec.6) In this section— accounting party see the Uniform Civil Procedure Rules 1999 , rule 530 (2) .

• (a) must be paid by the party having the conduct of the order under which the account is taken and are part of that party’s costs of the proceeding, unless the court or a judge otherwise orders; and
• (b) must be paid when the certificate stating the result of the taking of the account is filed.

Magistrates Courts

sec.14 Fees for Magistrates Courts generally

This part (other than divisions 1 and 3 ) and schedules 2 and 2A apply for Magistrates Courts and set out fees payable in relation to proceedings in a Magistrates Court. See also division 2A , subdivision 2 for working out the amount of particular fees in relation to service and enforcement. A registrar or enforcement officer need not pay a fee mentioned in schedule 2 or 2A . For the Magistrates Courts Act 1921 , section 3C (2) , the fees under schedule 2A , other than item 5, are prescribed. s 14 sub 2025 SL No. 57 s 5 (sec.14-ssec.1) This part (other than divisions 1 and 3 ) and schedules 2 and 2A apply for Magistrates Courts and set out fees payable in relation to proceedings in a Magistrates Court. See also division 2A , subdivision 2 for working out the amount of particular fees in relation to service and enforcement. (sec.14-ssec.2) A registrar or enforcement officer need not pay a fee mentioned in schedule 2 or 2A . (sec.14-ssec.3) For the Magistrates Courts Act 1921 , section 3C (2) , the fees under schedule 2A , other than item 5, are prescribed.

Supreme Court, District Court and Magistrates Courts—service and enforcement fees

sec.14A Fee amounts for 2025–2026 financial year

This section applies to a fee under schedule 2A , item 1(1)(a) or (b), 2, 3(1), 4(1), 5(1) or 7. For the financial year starting on 1 July 2025, the amount of the fee is the amount stated for the fee in schedule 2A , column 2. s 14A ins 2025 SL No. 57 s 6 (sec.14A-ssec.1) This section applies to a fee under schedule 2A , item 1(1)(a) or (b), 2, 3(1), 4(1), 5(1) or 7. (sec.14A-ssec.2) For the financial year starting on 1 July 2025, the amount of the fee is the amount stated for the fee in schedule 2A , column 2.

sec.14B Definitions for subdivision

In this subdivision— base amount , for a fee, means the amount stated for the fee in schedule 2A , column 3. CPI multiplier , for a financial year, see section 14C . s 14B ins 2025 SL No. 57 s 6

sec.14C Meaning of CPI multiplier

The CPI multiplier , for a financial year, is the amount worked out using the formula— where— A means the CPI multiplier for the financial year. B means the average of the CPIs for the 4 consecutive quarters up to and including the March quarter for the previous financial year. For working out the CPI multiplier for the financial year starting on 1 July 2026, B is the average of the CPIs for the following 4 quarters: June 2025, September 2025, December 2025 and March 2026. In this section— CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics. s 14C ins 2025 SL No. 57 s 6 (sec.14C-ssec.1) The CPI multiplier , for a financial year, is the amount worked out using the formula— where— A means the CPI multiplier for the financial year. B means the average of the CPIs for the 4 consecutive quarters up to and including the March quarter for the previous financial year. For working out the CPI multiplier for the financial year starting on 1 July 2026, B is the average of the CPIs for the following 4 quarters: June 2025, September 2025, December 2025 and March 2026. (sec.14C-ssec.2) In this section— CPI means the all groups consumer price index for Brisbane published by the Australian Bureau of Statistics.

sec.14D Fee amounts— sch 2A , items 1, 2 and 7

This section applies in relation to a fee under schedule 2A , item 1(1)(a) or (b), 2 or 7. For the financial year starting on 1 July 2026 or a later financial year, the amount of the fee is the amount worked out by— working out the adjusted amount for the fee for the financial year under subsection (3) ; and rounding the adjusted amount under subsection (4) . The adjusted amount for the fee for the financial year is the amount worked out using the following formula— where— A means the adjusted amount for the fee for the financial year. B means the base amount for the fee. C means the CPI multiplier for the financial year. D means the charge percentage, within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cwlth) , section 19 (2) , for the financial year. For subsection (2) (b) , the adjusted amount is to be rounded— if the adjusted amount is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the adjusted result is more than $100—to the nearest multiple of 10 cents (rounding one-half upwards). s 14D ins 2025 SL No. 57 s 6 (sec.14D-ssec.1) This section applies in relation to a fee under schedule 2A , item 1(1)(a) or (b), 2 or 7. (sec.14D-ssec.2) For the financial year starting on 1 July 2026 or a later financial year, the amount of the fee is the amount worked out by— working out the adjusted amount for the fee for the financial year under subsection (3) ; and rounding the adjusted amount under subsection (4) . (sec.14D-ssec.3) The adjusted amount for the fee for the financial year is the amount worked out using the following formula— where— A means the adjusted amount for the fee for the financial year. B means the base amount for the fee. C means the CPI multiplier for the financial year. D means the charge percentage, within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cwlth) , section 19 (2) , for the financial year. (sec.14D-ssec.4) For subsection (2) (b) , the adjusted amount is to be rounded— if the adjusted amount is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the adjusted result is more than $100—to the nearest multiple of 10 cents (rounding one-half upwards).

• (a) working out the adjusted amount for the fee for the financial year under subsection (3) ; and
• (b) rounding the adjusted amount under subsection (4) .
• (a) if the adjusted amount is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
• (b) if the adjusted result is more than $100—to the nearest multiple of 10 cents (rounding one-half upwards).

sec.14E Fee amounts— sch 2A , items 3, 4 and 5

This section applies in relation to a fee under schedule 2A , item 3(1), 4(1) or 5(1). For the financial year starting on 1 July 2026 or a later financial year, the amount of the fee is the amount worked out by— working out the adjusted amount for the fee for the financial year under subsection (3) ; and rounding the adjusted amount to the nearest multiple of 5 cents (rounding one-half upwards). The adjusted amount for the fee for the financial year is the amount worked out using the following formula— where— A means adjusted amount for the fee for the financial year. B means the base amount for the fee. C means the CPI multiplier for the financial year. s 14E ins 2025 SL No. 57 s 6 (sec.14E-ssec.1) This section applies in relation to a fee under schedule 2A , item 3(1), 4(1) or 5(1). (sec.14E-ssec.2) For the financial year starting on 1 July 2026 or a later financial year, the amount of the fee is the amount worked out by— working out the adjusted amount for the fee for the financial year under subsection (3) ; and rounding the adjusted amount to the nearest multiple of 5 cents (rounding one-half upwards). (sec.14E-ssec.3) The adjusted amount for the fee for the financial year is the amount worked out using the following formula— where— A means adjusted amount for the fee for the financial year. B means the base amount for the fee. C means the CPI multiplier for the financial year.

• (a) working out the adjusted amount for the fee for the financial year under subsection (3) ; and
• (b) rounding the adjusted amount to the nearest multiple of 5 cents (rounding one-half upwards).

sec.14F Publication of fee amounts

The chief executive must publish on the department’s website the amount of each fee, as worked out under this subdivision for a financial year, while the amount is in effect. s 14F ins 2025 SL No. 57 s 6

Planning and Environment Court

sec.15 Fees for Planning and Environment Court

This part (other than divisions 1 , 2 and 2A ) and schedule 3 apply for the Planning and Environment Court and set out the fees payable for proceedings in the Planning and Environment Court. s 15 amd 2025 SL No. 57 s 7

General

sec.16 Fees if state-related party

In a proceeding to which a state-related person is a party, the state-related person need not prepay any fees of court. However, if judgment is given against another party in the proceeding and the state-related person has paid fees of court, the state-related person may recover the fees of court with costs from the other party. In this section— state-related person means— the Sovereign; or the State; or an entity whose expenditure is payable, in whole or part, out of amounts from the consolidated fund; or a person acting for the State or for an entity mentioned in paragraph (c) . (sec.16-ssec.1) In a proceeding to which a state-related person is a party, the state-related person need not prepay any fees of court. (sec.16-ssec.2) However, if judgment is given against another party in the proceeding and the state-related person has paid fees of court, the state-related person may recover the fees of court with costs from the other party. (sec.16-ssec.3) In this section— state-related person means— the Sovereign; or the State; or an entity whose expenditure is payable, in whole or part, out of amounts from the consolidated fund; or a person acting for the State or for an entity mentioned in paragraph (c) .

• (a) the Sovereign; or
• (b) the State; or
• (c) an entity whose expenditure is payable, in whole or part, out of amounts from the consolidated fund; or
• (d) a person acting for the State or for an entity mentioned in paragraph (c) .

sec.17 Fees if assessment of costs

The fees payable on the assessment of costs in the Supreme Court, the District Court, a Magistrates Court or the Planning and Environment Court are— payable on the allowance of any amount on the assessment; and to be fixed by the assessing registrar; and to be paid by the solicitor or party filing the costs statement. The assessing registrar may require a deposit, of not more than the fees payable on the full amount of the costs as submitted for assessment, before the assessment is started. If the assessing registrar requires a deposit under subsection (2) , the assessing registrar must make a note of the deposit on the costs statement when the deposit is paid. (sec.17-ssec.1) The fees payable on the assessment of costs in the Supreme Court, the District Court, a Magistrates Court or the Planning and Environment Court are— payable on the allowance of any amount on the assessment; and to be fixed by the assessing registrar; and to be paid by the solicitor or party filing the costs statement. (sec.17-ssec.2) The assessing registrar may require a deposit, of not more than the fees payable on the full amount of the costs as submitted for assessment, before the assessment is started. (sec.17-ssec.3) If the assessing registrar requires a deposit under subsection (2) , the assessing registrar must make a note of the deposit on the costs statement when the deposit is paid.

• (a) payable on the allowance of any amount on the assessment; and
• (b) to be fixed by the assessing registrar; and
• (c) to be paid by the solicitor or party filing the costs statement.

sec.18 Deposit for particular fees

A registrar, sheriff or marshal may require a deposit on account of fees that apply to a proceeding in the Supreme Court, the District Court or a Magistrates Court— before the proceeding is started; or at any time during the proceeding. If a registrar, sheriff or marshal requires a deposit under subsection (1) , the registrar, sheriff or marshal must make a note of the deposit on the court file when the deposit is paid. (sec.18-ssec.1) A registrar, sheriff or marshal may require a deposit on account of fees that apply to a proceeding in the Supreme Court, the District Court or a Magistrates Court— before the proceeding is started; or at any time during the proceeding. (sec.18-ssec.2) If a registrar, sheriff or marshal requires a deposit under subsection (1) , the registrar, sheriff or marshal must make a note of the deposit on the court file when the deposit is paid.

• (a) before the proceeding is started; or
• (b) at any time during the proceeding.

Allowances for witnesses and interpreters

Preliminary

sec.19 Definitions for part

In this part— audio link see the Evidence Act 1977 , section 39C . s 19 def audio link ins 2024 SL No. 4 s 14 audio visual link see the Evidence Act 1977 , schedule 3 . s 19 def audio visual link ins 2024 SL No. 4 s 14 expert means a person who would, if called as a witness at the trial of a proceeding, be qualified to give opinion evidence as an expert witness in relation to an issue arising in the proceeding. non-professional witness means a witness who attends court to give evidence of a non-professional nature. prisoner see the Corrective Services Act 2006 , schedule 4 . professional witness means a witness who attends court to give evidence of a professional nature. public transport means any form of passenger transport that is available for use by the public on payment of a fare. relevant person means— an expert; or an interpreter; or a non-professional witness; or a professional witness.

• (a) an expert; or
• (b) an interpreter; or
• (c) a non-professional witness; or
• (d) a professional witness.

sec.19A References to attending court

A reference in this division or division 2 to attending court includes a reference to attending court by audio link or audio visual link. s 19A ins 2024 SL No. 4 s 15

Witnesses and interpreters other than particular prisoners

sec.20 Application of division

This division does not apply to a prisoner to whom section 29 applies. Also, if a relevant person, other than an interpreter, attends 2 or more proceedings on the same day, the amount to be paid to the person for each proceeding must be a reasonable share of the total for all the proceedings. (sec.20-ssec.1) This division does not apply to a prisoner to whom section 29 applies. (sec.20-ssec.2) Also, if a relevant person, other than an interpreter, attends 2 or more proceedings on the same day, the amount to be paid to the person for each proceeding must be a reasonable share of the total for all the proceedings.

sec.21 Allowances

A relevant person is entitled to be paid the following allowances under this division for attendance at court— a travelling allowance; an accommodation allowance; an attendance allowance. The travelling allowance is a payment made towards meeting the costs incurred by the relevant person in travelling to and from the court. The accommodation allowance is a payment made towards meeting the costs incurred by the relevant person for accommodation and meals when the relevant person is necessarily absent from the person’s place of residence to attend court. The attendance allowance is a payment made towards meeting any loss of earnings or additional expenses incurred by a relevant person if, to attend court— for a relevant person other than an interpreter— the person is necessarily absent from the person’s place of employment, practice or residence for a period; or if subparagraph (i) does not apply—the person is necessarily unavailable to undertake the person’s usual work for a period; or for a relevant person who is an interpreter—the person is necessarily absent from the person’s place of employment, practice or residence for a period. s 21 amd 2024 SL No. 4 s 16 (sec.21-ssec.1) A relevant person is entitled to be paid the following allowances under this division for attendance at court— a travelling allowance; an accommodation allowance; an attendance allowance. (sec.21-ssec.2) The travelling allowance is a payment made towards meeting the costs incurred by the relevant person in travelling to and from the court. (sec.21-ssec.3) The accommodation allowance is a payment made towards meeting the costs incurred by the relevant person for accommodation and meals when the relevant person is necessarily absent from the person’s place of residence to attend court. (sec.21-ssec.4) The attendance allowance is a payment made towards meeting any loss of earnings or additional expenses incurred by a relevant person if, to attend court— for a relevant person other than an interpreter— the person is necessarily absent from the person’s place of employment, practice or residence for a period; or if subparagraph (i) does not apply—the person is necessarily unavailable to undertake the person’s usual work for a period; or for a relevant person who is an interpreter—the person is necessarily absent from the person’s place of employment, practice or residence for a period.

• (a) a travelling allowance;
• (b) an accommodation allowance;
• (c) an attendance allowance.
• (a) for a relevant person other than an interpreter— (i) the person is necessarily absent from the person’s place of employment, practice or residence for a period; or (ii) if subparagraph (i) does not apply—the person is necessarily unavailable to undertake the person’s usual work for a period; or
• (i) the person is necessarily absent from the person’s place of employment, practice or residence for a period; or
• (ii) if subparagraph (i) does not apply—the person is necessarily unavailable to undertake the person’s usual work for a period; or
• (b) for a relevant person who is an interpreter—the person is necessarily absent from the person’s place of employment, practice or residence for a period.
• (i) the person is necessarily absent from the person’s place of employment, practice or residence for a period; or
• (ii) if subparagraph (i) does not apply—the person is necessarily unavailable to undertake the person’s usual work for a period; or

sec.21A References to court for working out travelling allowance or accommodation allowance for particular relevant persons

This section applies if— a relevant person is directed, by a notice given under the Uniform Civil Procedure Rules 1999 , rule 415B , that the person’s attendance to give evidence in accordance with a subpoena is to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence; or a relevant person’s attendance to give evidence is otherwise to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence. For working out the relevant person’s entitlement to a travelling allowance or accommodation allowance under this division, this division applies in relation to the person as if a reference to the court were a reference to the place from which the person’s evidence is to be given. s 21A ins 2024 SL No. 4 s 17 (sec.21A-ssec.1) This section applies if— a relevant person is directed, by a notice given under the Uniform Civil Procedure Rules 1999 , rule 415B , that the person’s attendance to give evidence in accordance with a subpoena is to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence; or a relevant person’s attendance to give evidence is otherwise to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence. (sec.21A-ssec.2) For working out the relevant person’s entitlement to a travelling allowance or accommodation allowance under this division, this division applies in relation to the person as if a reference to the court were a reference to the place from which the person’s evidence is to be given.

• (a) a relevant person is directed, by a notice given under the Uniform Civil Procedure Rules 1999 , rule 415B , that the person’s attendance to give evidence in accordance with a subpoena is to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence; or
• (b) a relevant person’s attendance to give evidence is otherwise to be made by audio link or audio visual link from a place other than the person’s place of employment, practice or residence.

sec.22 Travelling allowance

The amount of the travelling allowance that is to be paid to a relevant person is— the amount actually and properly paid for fares for public transport; or if public transport was not available—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent. The relevant person is not entitled to the payment of a travelling allowance if no expense is incurred by the person in travelling to and from the court. If the relevant person travels to and from the court in a private vehicle with another relevant person, only 1 payment is to be made under subsection (1) (b) for the vehicle. If it is reasonable for the relevant person to travel to and from the court by air, the amount of the travelling allowance that is to be paid is— for a non-professional witness or an interpreter—the amount payable for economy class air travel by the person to and from the court; or for a professional witness or an expert—the amount payable for first class air travel by the person to and from the court. For calculating the travelling allowance, in deciding whether public transport was available, regard is to be had to whether a public transport system operated by which a person could conveniently— travel to the court in reasonable time before the person’s required attendance; and return to the person’s place of employment, practice or residence after the person’s attendance at court. s 22 amd 2023 SL No. 60 s 17 sch 1 (sec.22-ssec.1) The amount of the travelling allowance that is to be paid to a relevant person is— the amount actually and properly paid for fares for public transport; or if public transport was not available—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent. (sec.22-ssec.2) The relevant person is not entitled to the payment of a travelling allowance if no expense is incurred by the person in travelling to and from the court. (sec.22-ssec.3) If the relevant person travels to and from the court in a private vehicle with another relevant person, only 1 payment is to be made under subsection (1) (b) for the vehicle. (sec.22-ssec.4) If it is reasonable for the relevant person to travel to and from the court by air, the amount of the travelling allowance that is to be paid is— for a non-professional witness or an interpreter—the amount payable for economy class air travel by the person to and from the court; or for a professional witness or an expert—the amount payable for first class air travel by the person to and from the court. (sec.22-ssec.5) For calculating the travelling allowance, in deciding whether public transport was available, regard is to be had to whether a public transport system operated by which a person could conveniently— travel to the court in reasonable time before the person’s required attendance; and return to the person’s place of employment, practice or residence after the person’s attendance at court.

• (a) the amount actually and properly paid for fares for public transport; or
• (b) if public transport was not available—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent.
• (a) for a non-professional witness or an interpreter—the amount payable for economy class air travel by the person to and from the court; or
• (b) for a professional witness or an expert—the amount payable for first class air travel by the person to and from the court.
• (a) travel to the court in reasonable time before the person’s required attendance; and
• (b) return to the person’s place of employment, practice or residence after the person’s attendance at court.

sec.23 Accommodation allowance

The amount of the accommodation allowance that is to be paid to a relevant person is to be the amount calculated at the rate payable under the Public Sector Act 2022 to a public service officer. For subsection (1) — the period of absence from the relevant person’s place of residence is to be calculated from the time of departure from that place to the time of return to that place; and if, after the number of full days absence has been calculated, the period remaining is more than 12 hours, that period is to be treated as a day’s absence. For calculating the accommodation allowance, regard is to be had to— the time of the latest public transport available by which the person could conveniently travel to the court in reasonable time before the person’s required attendance; and the time by which the person could conveniently return to the person’s place of employment, practice or residence using the earliest public transport available within a reasonable time after the person’s attendance at court. Subsection (3) does not apply if special reasons exist for some other basis for the calculation. s 23 amd 2023 SL No. 60 s 17 sch 1 (sec.23-ssec.1) The amount of the accommodation allowance that is to be paid to a relevant person is to be the amount calculated at the rate payable under the Public Sector Act 2022 to a public service officer. (sec.23-ssec.2) For subsection (1) — the period of absence from the relevant person’s place of residence is to be calculated from the time of departure from that place to the time of return to that place; and if, after the number of full days absence has been calculated, the period remaining is more than 12 hours, that period is to be treated as a day’s absence. (sec.23-ssec.3) For calculating the accommodation allowance, regard is to be had to— the time of the latest public transport available by which the person could conveniently travel to the court in reasonable time before the person’s required attendance; and the time by which the person could conveniently return to the person’s place of employment, practice or residence using the earliest public transport available within a reasonable time after the person’s attendance at court. (sec.23-ssec.4) Subsection (3) does not apply if special reasons exist for some other basis for the calculation.

• (a) the period of absence from the relevant person’s place of residence is to be calculated from the time of departure from that place to the time of return to that place; and
• (b) if, after the number of full days absence has been calculated, the period remaining is more than 12 hours, that period is to be treated as a day’s absence.
• (a) the time of the latest public transport available by which the person could conveniently travel to the court in reasonable time before the person’s required attendance; and
• (b) the time by which the person could conveniently return to the person’s place of employment, practice or residence using the earliest public transport available within a reasonable time after the person’s attendance at court.

sec.24 Attendance allowance for non-professional witness

The amount of the attendance allowance that is to be paid to a non-professional witness for each day or part of a day of the witness’s necessary absence to attend court is— if the witness is under 16—$47.75; or if the witness is 16 or older—$95.70. In subsection (1) , a reference to the non-professional witness’s necessary absence to attend court is a reference to the period for which the attendance causes the non-professional witness to be— necessarily absent from the witness’s place of employment, practice or residence as mentioned in section 21 (4) (a) (i) ; or necessarily unavailable to undertake the witness’s usual work as mentioned in section 21 (4) (a) (ii) . s 24 amd 2020 SL No. 143 s 119 ; 2021 SL No. 84 s 118 ; 2022 SL No. 79 s 171 ; 2023 SL No. 60 s 14 ; 2024 SL No. 4 s 18 ; 2024 SL No. 62 s 16 ; 2025 SL No. 44 s 14 (sec.24-ssec.1) The amount of the attendance allowance that is to be paid to a non-professional witness for each day or part of a day of the witness’s necessary absence to attend court is— if the witness is under 16—$47.75; or if the witness is 16 or older—$95.70. (sec.24-ssec.2) In subsection (1) , a reference to the non-professional witness’s necessary absence to attend court is a reference to the period for which the attendance causes the non-professional witness to be— necessarily absent from the witness’s place of employment, practice or residence as mentioned in section 21 (4) (a) (i) ; or necessarily unavailable to undertake the witness’s usual work as mentioned in section 21 (4) (a) (ii) .

• (a) if the witness is under 16—$47.75; or
• (b) if the witness is 16 or older—$95.70.
• (a) necessarily absent from the witness’s place of employment, practice or residence as mentioned in section 21 (4) (a) (i) ; or
• (b) necessarily unavailable to undertake the witness’s usual work as mentioned in section 21 (4) (a) (ii) .

sec.25 Attendance allowance for professional witness or expert

The amount of the attendance allowance that is to be paid to a professional witness or an expert for each day of the witness’s or expert’s necessary absence to attend court is $293.80. If the necessary absence of a professional witness or an expert to attend court is 7 hours or less, the amount of the attendance allowance that is to be paid is— for an absence of 3 hours or less—$110.30; or for an absence of more than 3 hours but not more than 4 hours—$158.50; or for an absence of more than 4 hours but not more than 5 hours—$192.60; or for an absence of more than 5 hours but not more than 6 hours—$226.60; or for an absence of more than 6 hours—$259.60. Despite subsections (1) and (2) , if the professional witness or expert is a doctor who is employed under the Hospital and Health Boards Act 2011 as a health service employee at a public sector hospital, the attendance allowance that is to be paid for each day or part of a day of the witness’s or expert’s necessary absence to attend court is $98.45. Travelling time is to be taken into account for deciding the amount of the allowance under this section, but only if the necessary absence is an absence mentioned in subsection (5) (a) . In this section, a reference to a professional witness’s or expert’s necessary absence to attend court is a reference to the period for which the attendance causes the professional witness or expert to be— necessarily absent from their place of employment, practice or residence as mentioned in section 21 (4) (a) (i) ; or necessarily unavailable to undertake their usual work as mentioned in section 21 (4) (a) (ii) . s 25 amd 2020 SL No. 143 s 120 ; 2021 SL No. 84 s 119 ; 2022 SL No. 79 s 172 ; 2023 SL No. 60 s 15 ; 2024 SL No. 4 s 19 ; 2024 SL No. 62 s 17 ; 2025 SL No. 44 s 15 (sec.25-ssec.1) The amount of the attendance allowance that is to be paid to a professional witness or an expert for each day of the witness’s or expert’s necessary absence to attend court is $293.80. (sec.25-ssec.2) If the necessary absence of a professional witness or an expert to attend court is 7 hours or less, the amount of the attendance allowance that is to be paid is— for an absence of 3 hours or less—$110.30; or for an absence of more than 3 hours but not more than 4 hours—$158.50; or for an absence of more than 4 hours but not more than 5 hours—$192.60; or for an absence of more than 5 hours but not more than 6 hours—$226.60; or for an absence of more than 6 hours—$259.60. (sec.25-ssec.3) Despite subsections (1) and (2) , if the professional witness or expert is a doctor who is employed under the Hospital and Health Boards Act 2011 as a health service employee at a public sector hospital, the attendance allowance that is to be paid for each day or part of a day of the witness’s or expert’s necessary absence to attend court is $98.45. (sec.25-ssec.4) Travelling time is to be taken into account for deciding the amount of the allowance under this section, but only if the necessary absence is an absence mentioned in subsection (5) (a) . (sec.25-ssec.5) In this section, a reference to a professional witness’s or expert’s necessary absence to attend court is a reference to the period for which the attendance causes the professional witness or expert to be— necessarily absent from their place of employment, practice or residence as mentioned in section 21 (4) (a) (i) ; or necessarily unavailable to undertake their usual work as mentioned in section 21 (4) (a) (ii) .

• (a) for an absence of 3 hours or less—$110.30; or
• (b) for an absence of more than 3 hours but not more than 4 hours—$158.50; or
• (c) for an absence of more than 4 hours but not more than 5 hours—$192.60; or
• (d) for an absence of more than 5 hours but not more than 6 hours—$226.60; or
• (e) for an absence of more than 6 hours—$259.60.
• (a) necessarily absent from their place of employment, practice or residence as mentioned in section 21 (4) (a) (i) ; or
• (b) necessarily unavailable to undertake their usual work as mentioned in section 21 (4) (a) (ii) .

sec.26 Attendance allowance for interpreters

The amount of the attendance allowance that is to be paid to an interpreter for each day of necessary absence from the interpreter’s place of employment, practice or residence to attend court is $299.80. If the period for which an interpreter is necessarily absent from the interpreter’s place of employment, practice or residence is less than 8 hours, the amount of the attendance allowance that is to be paid is— for the first 2 hours or part of 2 hours—$76.55; and for each additional hour or part of an hour—$34.80. Travelling time is to be taken into account for deciding the amount of the allowance under this section. s 26 amd 2020 SL No. 143 s 121 ; 2021 SL No. 84 s 120 ; 2022 SL No. 79 s 173 ; 2023 SL No. 60 s 16 ; 2024 SL No. 62 s 18 ; 2025 SL No. 44 s 16 (sec.26-ssec.1) The amount of the attendance allowance that is to be paid to an interpreter for each day of necessary absence from the interpreter’s place of employment, practice or residence to attend court is $299.80. (sec.26-ssec.2) If the period for which an interpreter is necessarily absent from the interpreter’s place of employment, practice or residence is less than 8 hours, the amount of the attendance allowance that is to be paid is— for the first 2 hours or part of 2 hours—$76.55; and for each additional hour or part of an hour—$34.80. (sec.26-ssec.3) Travelling time is to be taken into account for deciding the amount of the allowance under this section.

• (a) for the first 2 hours or part of 2 hours—$76.55; and
• (b) for each additional hour or part of an hour—$34.80.

sec.27 When additional amount may be paid

If a registrar considers it is reasonable for an additional amount to be paid to a relevant person under section 24 , 25 or 26 because of special circumstances, the registrar may approve the payment of an additional reasonable amount. Without limiting subsection (1) , it is a special circumstance that a relevant person who is a doctor is a specialist health practitioner under the Health Practitioner Regulation National Law . (sec.27-ssec.1) If a registrar considers it is reasonable for an additional amount to be paid to a relevant person under section 24 , 25 or 26 because of special circumstances, the registrar may approve the payment of an additional reasonable amount. (sec.27-ssec.2) Without limiting subsection (1) , it is a special circumstance that a relevant person who is a doctor is a specialist health practitioner under the Health Practitioner Regulation National Law .

sec.28 Increase if GST payable

If an amount payable under section  25 or 26 is for a supply on which GST is payable, the amount payable under the section is to be increased to take account of the GST.

Prisoners

sec.29 Allowance

This section applies to a prisoner who— attends court as a relevant person; and has been granted leave of absence under the Corrective Services Act 2006 to engage in employment; and incurs loss of salary or wages while attending court. The prisoner is entitled to be paid an allowance for attendance at court. The amount of the allowance— must be decided by the chief executive; and must not be more than the amount of the allowance that a relevant person would be entitled to be paid under section 21 for the same attendance. (sec.29-ssec.1) This section applies to a prisoner who— attends court as a relevant person; and has been granted leave of absence under the Corrective Services Act 2006 to engage in employment; and incurs loss of salary or wages while attending court. (sec.29-ssec.2) The prisoner is entitled to be paid an allowance for attendance at court. (sec.29-ssec.3) The amount of the allowance— must be decided by the chief executive; and must not be more than the amount of the allowance that a relevant person would be entitled to be paid under section 21 for the same attendance.

• (a) attends court as a relevant person; and
• (b) has been granted leave of absence under the Corrective Services Act 2006 to engage in employment; and
• (c) incurs loss of salary or wages while attending court.
• (a) must be decided by the chief executive; and
• (b) must not be more than the amount of the allowance that a relevant person would be entitled to be paid under section 21 for the same attendance.

Repeal and transitional provisions

Repeal

sec.30 Repeal

The Uniform Civil Procedure (Fees) Regulation 2009, SL No. 183 is repealed.

Transitional provisions for SL No. 168 of 2019

sec.31 Definitions for division

In this division— corresponding provision , for a repealed provision, means a provision of this regulation that is substantially the same as or equivalent to the repealed provision. repealed provision means the repealed regulation, section 10, 10A or 10B. repealed regulation means the repealed Uniform Civil Procedure (Fees) Regulation 2009 .

sec.32 Existing requests for refund of fees

This section applies if— before the commencement, a party had given a registrar a request for refund of fees under the repealed regulation, section 4C; and immediately before the commencement, the request had not been finally dealt with. From the commencement, the request is taken to have been made under section 6 of this regulation. (sec.32-ssec.1) This section applies if— before the commencement, a party had given a registrar a request for refund of fees under the repealed regulation, section 4C; and immediately before the commencement, the request had not been finally dealt with. (sec.32-ssec.2) From the commencement, the request is taken to have been made under section 6 of this regulation.

• (a) before the commencement, a party had given a registrar a request for refund of fees under the repealed regulation, section 4C; and
• (b) immediately before the commencement, the request had not been finally dealt with.

sec.33 Existing applications to pay reduced fee

This section applies if— before the commencement, a party had made an application under a repealed provision; and immediately before the commencement, the application had not been decided. From the commencement, the application is taken to have been made under the corresponding provision for the repealed provision and must be decided under the corresponding provision. (sec.33-ssec.1) This section applies if— before the commencement, a party had made an application under a repealed provision; and immediately before the commencement, the application had not been decided. (sec.33-ssec.2) From the commencement, the application is taken to have been made under the corresponding provision for the repealed provision and must be decided under the corresponding provision.

• (a) before the commencement, a party had made an application under a repealed provision; and
• (b) immediately before the commencement, the application had not been decided.

sec.34 Existing reviews

This section applies if— before the commencement, a party had made an application to the court under the repealed regulation, section 10C for a review; and immediately before the commencement, the court had not finished dealing with the review. From the commencement— the application is taken to have been made under section 11 of this regulation; and the court may deal or continue to deal with the review under that section. (sec.34-ssec.1) This section applies if— before the commencement, a party had made an application to the court under the repealed regulation, section 10C for a review; and immediately before the commencement, the court had not finished dealing with the review. (sec.34-ssec.2) From the commencement— the application is taken to have been made under section 11 of this regulation; and the court may deal or continue to deal with the review under that section.

• (a) before the commencement, a party had made an application to the court under the repealed regulation, section 10C for a review; and
• (b) immediately before the commencement, the court had not finished dealing with the review.
• (a) the application is taken to have been made under section 11 of this regulation; and
• (b) the court may deal or continue to deal with the review under that section.

sec.35 Existing rights of review

This section applies if— before the commencement, a party was entitled under the repealed regulation, section 10C to apply to the court to review a registrar’s decision on an application made by the party under a repealed provision; and immediately before the commencement, the party had not made the application. From the commencement, section 11 of this regulation applies to the party as if the application made under the repealed provision had been made under the corresponding provision for the repealed provision. (sec.35-ssec.1) This section applies if— before the commencement, a party was entitled under the repealed regulation, section 10C to apply to the court to review a registrar’s decision on an application made by the party under a repealed provision; and immediately before the commencement, the party had not made the application. (sec.35-ssec.2) From the commencement, section 11 of this regulation applies to the party as if the application made under the repealed provision had been made under the corresponding provision for the repealed provision.

• (a) before the commencement, a party was entitled under the repealed regulation, section 10C to apply to the court to review a registrar’s decision on an application made by the party under a repealed provision; and
• (b) immediately before the commencement, the party had not made the application.

sec.36 References to repealed regulation

A reference in a document to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.

Transitional provision for Uniform Civil Procedure (Fees) Amendment Regulation 2025

sec.37 Fees for particular functions performed before commencement

This section applies if— before the commencement, a registrar, enforcement officer, marshal or marshal’s officer performed a function, or incurred an expense, under a repealed fee provision; and immediately before the commencement, the fee for performing the function, or in respect of the expense incurred, had not been paid. From the commencement, the repealed fee provision continues to apply for the purpose of payment of the fee as if the Uniform Civil Procedure (Fees) Amendment Regulation 2025 had not commenced. In this section— repealed fee provision means any of the following provisions as in force from time to time before the commencement— schedule 1, item 15(1), 18, 20, 21, 22, 23 or 24; schedule 2, part 1, item 7(2); an item of schedule 2, part 2. s 37 ins 2025 SL No. 57 s 9 (sec.37-ssec.1) This section applies if— before the commencement, a registrar, enforcement officer, marshal or marshal’s officer performed a function, or incurred an expense, under a repealed fee provision; and immediately before the commencement, the fee for performing the function, or in respect of the expense incurred, had not been paid. (sec.37-ssec.2) From the commencement, the repealed fee provision continues to apply for the purpose of payment of the fee as if the Uniform Civil Procedure (Fees) Amendment Regulation 2025 had not commenced. (sec.37-ssec.3) In this section— repealed fee provision means any of the following provisions as in force from time to time before the commencement— schedule 1, item 15(1), 18, 20, 21, 22, 23 or 24; schedule 2, part 1, item 7(2); an item of schedule 2, part 2.

• (a) before the commencement, a registrar, enforcement officer, marshal or marshal’s officer performed a function, or incurred an expense, under a repealed fee provision; and
• (b) immediately before the commencement, the fee for performing the function, or in respect of the expense incurred, had not been paid.
• (a) schedule 1, item 15(1), 18, 20, 21, 22, 23 or 24;
• (b) schedule 2, part 1, item 7(2);
• (c) an item of schedule 2, part 2.