FAQ

What are the costs associated with County Court proceedings?

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What time is the Registry counter open for service?

Between 9am and 4pm, Monday to Friday (excl. Public Holidays).

What is the jurisdictional limit of the County Court?

The Court has unlimited jurisdiction.

What documents are required to issue Originating Process in the County Court?

Three (3) copies of the Writ (with the Statement of Claim attached) or the Originating Motion, a completed "Request to Enter List" signed personally by the Solicitor responsible for the running of the matter and a cheque. The matter will be entered by Registry into the List and Division thereof nominated by the Solicitor. Solicitors should take care to choose the correct list. We do not accept personal cheques from clients.

How do you determine which division and list a matter is entered into?

Check County Court Rule 34A. It shows the Divisions and Lists and which matters are entered into each Division and List thereof. The Divisions and Lists are:

  • Common Law Division - General (Common Law injuries etc), Defamation, Medical, Applications, Confiscation, Serious Injury, Family Property and Workcover Lists
  • Commercial Division - General, Banking and Finance, Expedited and Building Lists

What documents are required to enter a default judgment?

Three (3) copies of the default judgment. Form 60G is used for Debts, Form 60J for Damages and Form 60H for property. If the judgment is in default of appearance, an affidavit of service is required with a sealed copy of the writ attached and a Search for an appearance form. If the judgment is in default of defence, an affidavit in support is required stating that no defence has been served. For the current fee see attached schedule of fees

How do I have an order authenticated?

Lodge a completed Order at the Registry (Form 60C), in triplicate. A staff member will check the order. If it is correct they will authenticate it and return it to your office. 

Is there a fee to issue an amended writ, and do you have to serve a copy on the defendant/s?

There is no fee. However, it should be endorsed appropriately. A copy of the amended writ must be served on the defendant/s once it has been sealed by the Court. 

Can forms be printed from the County Court website?

 Yes, via Court forms 

When and how can amended documents be filed?

Under Order 36.03:

(a) once before the close of pleadings (one month after the last pleading is due eg defence or reply or defence to Counterclaim).

(b) at any time, by leave of the court or the consent of the other side. The document should be endorsed how it is being filed (ie. Court order or Rule 36.03)

Is there a fee payable for transferring a matter from the Magistrates’ Court to the County Court?

Yes, you pay the difference between the fee to issue a Complaint in the Magistrates' Court and the fee to issue a Writ in the County Court. The fee is payable when the application is transferred.

What documents are required to lodge an ex-parte application?

A copy of the order required to be made (General form of order, Form 60C) in triplicate, an affidavit in support and the filing fee. The order should follow the precedent for the particular order sought. The documents are forwarded to a County Court judge. If he/she is not satisfied they will be returned and the applicant requested to make the appropriate changes.

Do I file exhibits with an affidavit?

No. Exhibits are usually not accepted unless ordered by the Judge. Otherwise, exhibits should not be filed with the Registry and are to be handed up in Court at trial.

Do Solicitors have to appear in Orders for Oral Examination before the Registrar or Deputy Registrar at the County Court?

Yes, or brief a Barrister. They have to ask all the questions, unlike in the Magistrates Court where the Court Registrar asks the questions.

How many times can a Summons or an Order for Oral Examination be extended, and for how long?

Once, provided it is on or before the hearing date, for 2 to 3 months.

When is a Court Book required?

A court book is required in every proceeding that goes for trial, unless the court otherwise orders (Order 34A.27). They are handed up in Court on the trial date.

What does the Court require to advise that a matter set down for a Directions Hearing or a Trial has settled?

It is the responsibility of each practitioner to advise the court in writing in the event that an action has settled. Such written advice should clarify the precise orders that are required in order to give effect to that settlement. A notice of discontinuance signed by all parties should subsequently be filed. 

When can Order 59.06 be used?

It can be used to give a judgment or make an order provided all parties agree upon the terms of the judgment or order, all parties are legally represented, and the judgment or order is of a kind described in Rule 59.06 (7) eg setting aside judgment, dismissal of proceeding, and that the subject matter is a debt, damages or property. A party must file with the Court a Form 60 C (order) in triplicate which states the terms of the judgment, and a copy of the order signed by the Solicitors on the record.

Who books and pays for interpreters, when required, in relation to criminal matters?

The Office of Public Prosecutions (O.P.P.)

Who books and pays for interpreters, when required, in relation to civil matters?

The onus is on the solicitors to arrange this.

Does the Asset Confiscation Office have to pay fees in Civil matters?

Any applications under the Confiscation Act are civil in nature but s.133 states that the civil rules do not apply. Therefore they do not have to pay fees to issue proceedings under this Act or pay other civil fees such as setting down fees.

What is the best way to determine whether a document has been filed or a hearing or Jury fee has been paid?

Court Connect

Is there somewhere in the court where I can go if I am feeling unwell.

Check with a G4S Security Officer for location of a First Aid Room. 

I'm coming to Court by myself, is there anyone available to sit with me while I am waiting and in court.

Court Network Volunteers are available each day.  Their office is located on the Ground Floor.

I have to bring my children to court with me.  Is there a quiet place I can sit?

On the 3rd Floor at the north end of the building there is a Family Room with seating and some toys available for young children.

What hours is the County Court open?

The Court building opens to the public at 8.00am and closes at 5.00pm on week days.

If I want to deliver something to someone who works at the County Court, where  should I bring the item?

Items can be delivered to the reception desk on the ground floor.  All items will be scanned before being passed on to the recipient.