Procedural steps within a common law and commercial case require parties to pay fees to the court. Parties that are legally represented will also have to pay costs and charges for professional services.
The contents of this page provides information on the types of fees that are payable to the court, and the costs that can be charged by a legal practitioner.
Fees can be paid by post or in person. The method of payment can be by cash, bank cheque, money order, solicitors cheque or electronically when filing a document via Efiling.
The following table provides a list of all processes that require a fee and the amount of that fee. A list of processes and fees can be found in the County Court (Fees) Regulations 2018.
The fee amounts are effective from 14 December 2018.
| Item No. | Item description | Corporate | Standard | Concession |
|---|---|---|---|---|
| 1 | Writ, Originating Motion, Counterclaim (or defence and Counterclaim) Third / Fourth Party Notices | $1,416.10 | $708.10 | $250.00 |
| 2 | Adoption and Substitute Parentage Order Applications | N/A | $481.20 | $250.00 |
| 3 | Writ / Originating Motion in Commercial Division Expedited List | $2,832.20 | $1,416.10 | $250.00 |
| 4 | Transfer into the Commercial Division's Expedited List | $1,416.10 | $708.10 | $250.00 |
| 5 | Transfer of a matter from the Magistrates' Court. The fee is reduced by the amount of the Filing Fee paid to the Magistrates’ Court | $1,416.10 | $708.10 | $250.00 |
| Item No. | Item description | Corporate | Standard | Concession |
|---|---|---|---|---|
| 6* | Summons / Interlocutory applications | $1,083.80 | $541.90 | $250.00 |
| 7 | Ex parte applications | $244.60 | $121.40 | $60.70 |
| 8 | Mediation – JRC / JMC / JSC | $541.90 | $270.20 | $135.50 |
| Item No. | Item description | Corporate | Standard | Concession |
|---|---|---|---|---|
| 9* | Appeal from or review of a Judicial Registrar decision | $1,083.80 | $541.90 | $250.00 |
| 10* | Summons for attachment of debt (Garnishee) (Order 71) | $1,083.80 | $541.90 | $250.00 |
| 11* | Summons for oral examination (Rule 61.04) | $1,083.80 | $541.90 | $250.00 |
| 12 | Order for oral examination (Rule 67.02) | $108.40 | $54.90 | $27.50 |
| 13 | Warrant of seizure and sale | $108.40 | $54.90 | $27.50 |
| 14 | Warrant of possession of land | $108.40 | $54.90 | $27.50 |
| 15* | Filing for an attachment of earnings (Order 72) | $1,083.80 | $541.90 | $250.00 |
| 16 | Creditor and debtor applications under the Judgment Debt Recovery Act (Order 61) | $70.80 | $34.70 | $17.30 |
| 17* and 18* | For each sitting of a judicial officer or court official Taking of Accounts / Assessment of Damages | $1,083.80 | $541.90 | $250.00 |
| Item No. | Item description | Corporate | Standard | Concession |
|---|---|---|---|---|
| 19 | Setting down for trial | $1,303.40 | $651.70 | $250.00 |
| 20 | First Trial Day | $1,011.50 | $505.80 | $250.00 |
| 21 | Trial Days 2, 3 and 4, fee per day | $1,445.00 | $722.50 | $250.00 |
| 22 | Trial Days 5, 6, 7, 8 and 9, fee per day | $2,312.00 | $1,156.00 | $250.00 |
| 23 | Trial Day 10 and subsequent days, per day | $3,179.10 | $1,589.50 | $250.00 |
| 24 | Other Hearing fee, other than trial days | $1,011.50 | $505.80 | $250.00 |
| Item No. | Item description | Corporate | Standard | Concession |
|---|---|---|---|---|
| 25 | Search for paper files | $70.80 | $34.70 | $17.30 |
| 26 | Search for electronic files with copy | $14.50 | $14.50 | $14.50 |
| 27 | Certificate of Registrar | $14.50 | $14.50 | $14.50 |
| 28 | To register an interstate judgment | $44.80 | $23.10 | $14.50 |
| 29 | Issuing a subpoena | $86.70 | $43.40 | $21.70 |
| 30 | Photocopy or printing per page | 60 cents | 60 cents | 60 cents |
The following table provides a list of the hearing fees specific to jury trials. The provisions for jury trial hearing fees are located in the Juries (Fees) Regulations 2012 SR 106/2012.
The fee amounts are effective from 1 July 2018.
| Process description | Fee |
|---|---|
| First day | $784.60 |
| Second, third, fourth, fifth, sixth - payable daily | $563.40 |
| Seventh day and continuing - payable daily | $1118.40 |
The definition of County Court costs scale is defined under Rule 1.13 ‘Definitions’ of the County Court Civil Procedure Rules 2018 S.R. No. 148/2008.
County Court costs scale means – a fee, charge or amount that is 80 per cent of the applicable rate set out in Appendix A to Chapter I of the Rules of the Supreme Court; or in the case of a circuit fee, the amount set out in Schedule 1 of the County Court Civil Procedure Rules 2018.
To determine costs for a default judgment application the amount that can be claimed is 80 per cent of the applicable default judgment costs set out by the Supreme Court.
The documents that list and itemise the costs that can be claimed for a default judgment in the County Court, can be found on the Supreme Court website by searching costs on default judgments.
The following table sets out the current cost amounts that can be claimed for a default judgment in the County Court;
Effective as of 14 December 2018.
| Corporate | Standard | Concession | |
|---|---|---|---|
| In the Commercial or Common Law Division | $2,804.00 | $2,804.00 | $2,804.00 |
| Corporate | Standard | Concession | |
|---|---|---|---|
| In the Commercial Division | $3,732.00 | $2,835.20 | $2,177.60 |
| In the Common Law Division | $3,096.80 | $2,517.60 | $2,177.60 |
| Corporate | Standard | Concession | |
|---|---|---|---|
| For each additional Defendant, add | $580 | $580 | $580 |
| Where there has been an application for substituted service and the fee was paid prior to 14 December 2018, add | $1,340.00 | $1,340.00 | $1,340.00 |
| Where there has been an application for substituted service in the Commercial Division and the fee was paid on or after 14 December 2018, add | $2,423.20 | $1,705.60 | $1,226.40 |
| Where there has been an application for substituted service in the Common Law Division and the fee was paid on or after 14 December 2018, add | $1,885.60 | $1,436.80 | $1,212.00 |
The Penalty Interest Rates Act 1983 makes provision for rates of interest payable on unpaid monies arising from a judgment or order. The following attachment provides the current penalty interest rates with reference to previous rates and their commencement dates.
| Current rate | Effective date |
|---|---|
| 10% | 1 February 2017 |
| Previous rates | Effective date |
|---|---|
| 9.5% | 1 June 2015 |
| 10.5% | 11 August 2014 |
| 11.5% | 3 February 2014 |
| 10% | 7 October 2013 |
The total amount of costs that can be claimed on a warrant of execution is 80 per cent of the applicable costs of each claimable item found within the Supreme Court (Chapter I Appendices A and B Amendment) Rules 2017.The following table provides the current total cost amount that can be claimed for a warrant of execution in the County Court;
| Corporate | Standard | Concession | |
|---|---|---|---|
| County Court costs on Warrants | $1,135.20 | $1,082.40 | $1,054.40 |
Section 11 of the Sheriff Regulations 2009 provides for fees to execute or attempt to execute warrants.
All fees in the following schedule are payable by cheque to the Sheriff’s Office, and are effective from 1 July 2018.
| Process description | Fee |
|---|---|
| Warrant execution | $198.10 |
| Warrant for possession | $207.40 |
| Combined warrant | $253.30 |
| Jurisdiction | Limit |
|---|---|
| Magistrates' Court | $100,000 (for matters issued from 1 January 2005) |
| County Court | Unlimited (for matters issued from 1 January 2007) |
| Supreme Court | Unlimited |