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) Interim Regulations 2017 S.R. 115/2017.
The fee amounts are effective from 1 July 2018.
| Process description | Fee |
|---|---|
| Writ or originating motion (Form 5A–E) | $865.60 |
| Counterclaim, defence & counterclaim | $865.60 |
| Third or fourth party notice | $865.60 |
| Subpoena civil | $150.30 |
| Subpoena criminal / appeal | Nil |
| Register interstate judgment | $69.40 |
| Judgment debt recovery act (by creditor) | $20.20 |
| Judgment debt recovery act (by debtor) | Nil |
| Ex-Parte applications (infant compromise/ substituted service/extension of time etc.) Form 60C | $148.80 |
| Search for file / subpoena | $24.60 |
| Certificate of registrar | $14.50 |
| Adoption summons | $437.80 |
| Summons (46a) / charging summons | $315.00 |
| Default judgments | $355.50 |
| On setting down for trial (including first day) | $1023.10 |
| Hearing fee at trial: second, third, fourth - payable daily | $531.80 |
| Hearing fee at trial: fifth, sixth, seventh, eighth, ninth - payable daily | $888.70 |
| Hearing fee at trial: tenth and subs - payable daily | $1482.60 |
| Photocopying or printing any document | $0.60 per page |
| Transfer from Magistrates' Court | $865.60 minus fee paid to Magistrates' Court |
| Filing a summons for an attachment of debt under Order 71 (Garnishee order – Directions Group) | $335.20 |
| Filing an attachment of earnings application under Order 72 | $169.10 |
| Order for oral examination under Rule 67.02 (OOE conducted before Registrar) | $169.10 |
| Summons for oral examination under Rule 61.04 (SOE conducted before Judge) | $169.10 |
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 1 July 2018.
| Defendant (whether individual or corporation) | One defendant | Each additional defendant | Application for substituted service |
|---|---|---|---|
| Supreme Court scale | $3,900.00 | $725.00 | $1,630.00 |
| County Court (80%) | $3,120.00 | $580.00 | $1,304.00 |
Appendix A of the County Court Civil Procedure Rules 2008 provides a general scale of costs, fees and charges to be paid to legal practitioners, including Counsel between party and party and between legal practitioners and clients. The appendix also contains a schedule for circuit fees.
The Penalty Interest Rates Act 1983 makes provision for rates of interest payable on unpaid monies arising from a judgment or order. The following schedule 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;
| Cost description | Cost |
|---|---|
| Costs on warrants | $235.00 |
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 |