MAGISTRATES COURT OF WESTERN AUSTRALIA COURT FEES

1 1 MAGISTRATES COURT OF WESTERN AUSTRALIA COURT fees Effective from 1 July, 2019 Residential Tenancies fees effective from 1 July, 2019 Lawyer s costs effective 1 July, 2018 2 Table of Content CIVIL PROCEEDINGS .. 4 GENERAL / MINOR CASE PROCEDURES .. 4 SERVICE .. 5 CLAIM FOR RECOVERY OF POSSESSION OF REAL 6 RESIDENTIAL TENANCIES .. 7 APPLICATIONS .. 7 DISPUTE .. 7 PROCESS RELATING TO COUNTERCLAIM, SET-OFF AND THIRD PARTY CLAIM OR OTHER APPLICATION .. 8 APPLICATION FOR DEFAULT JUDGMENT .. 8 REQUEST FOR CERTIFICATE OF JUDGMENT .. 8 PROCESS RELATING TO TRIAL .. 9 10 SUMMONS TO WITNESS .. 11 WARRANT TO ARREST WITNESS .. 11 BILL OF COSTS .. 11 COMMENCING AN APPEAL - AGAINST DECISIONS OF A 12 CIVIL JUDGMENTS ENFORCEMENT .. 13 fees RELATING TO ENFORCEMENT PROCEEDINGS .. 13 REGISTERING A CERTIFICATE .. 14 SERVICE FEE.

2 14 BAILIFF FEE .. 15 OTHER STATUTORY APPLICATIONS .. 17 EXTRAORDINARY DRIVERS LICENCE .. 17 MISCONDUCT RESTRAINING ORDER .. 17 APPLICATION UNDER CONFERRING ACT FORM 53 .. 17 DISPOSAL OF UNCOLLECTED GOODS ACT 1970 .. 18 RESTRAINT OF DEBTORS ACT 1984 .. 18 CRIMINAL .. 19 MAGISTRATES COURT ( fees ) REGULATIONS 2005 DIVISION 1 AND DIVISION 3 .. 19 DESCRIPTION OF PROCESS .. 19 3 CONSOLIDATED CRIMINAL fees .. 19 DESCRIPTION OF PROCESS .. 19 RECORDS .. 21 COPIES OF DOCUMENTS OR EXHIBITS .. 21 TRANSCRIPT .. 22 SEARCH .. 23 PRODUCTION OF RECORDS OR DOCUMENTS .. 23 METHODS OF PAYMENT .. 24 ONLINE FORMS: .. 24 BY MAIL: .. 24 IN PERSON: .. 24 4 Civil Proceedings General / Minor Case Procedures Form 3 - General Procedure Claim Form 4 - Minor Cases Procedure Claim Form 6 - Consumer/Trader Claim Minor Case Form 7 - Consumer/Trader Claim General Procedure Claim Minor Claim not exceeding $10,000 General Procedure Claim Over $10,000 and not exceeding $50,000 Claim exceeding $50,000 Description of Process Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Filing fee (inclusive of Suitor s Fund fee - $ ) $ $ $ $ $ $ $ $1, $ Bailiff/Claimant Service fee (plus travelling fee) $ $ $ $ $ $ $ $ $ Item 1 Legal Profession ( MAGISTRATES COURT ) (Civil)

3 Determination 2018 Claim not exceeding $10,000 Claim over $10,000 to $75,000 Letter of Demand Nil Fixed amount $ Item 2 Legal Profession ( MAGISTRATES COURT ) (Civil) Determination 2018 Claim not exceeding $10,000 Claim over $10,000 to $75,000 Lawyer s costs Nil Fixed amount $ $ for each additional defendant 5 Service Description of Process Fee Service of any process $ Travelling The fee is payable whether or not the service is successful and covers up to 3 attempts at service at the same address. a) For each kilometre travelled (one way) in the metropolitan area $ b) For each kilometre travelled (one way) outside the metropolitan area $ If more than one process or document is executed or served by a bailiff at the same time on the same person or on different persons at the same address, only one allowance for kilometres is chargeable.

4 6 Claim for Recovery of Possession of Real Property Form 5 Claim for Recovery of Possession of Real Property Gross Annual Value of Rent not exceeding $10,000 Gross Annual Value of Rent Over $10,000 and not exceeding $50,000 Gross Annual Value of Rent exceeding $50,000 Description of Process Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Filing fee (inclusive of Suitor s Fund fee - $ ) $ $ $ $ $ $ $ $1, $ Bailiff/Claimant Service fee (plus travelling fee) $ $ $ $ $ $ $ $ $ Application for hearing $ $ $ $ $ $ $ $ $ Item 2 Legal Profession ( MAGISTRATES COURT ) (Civil) Determination 2018 Claim not exceeding $10,000 Claim over $10,000 to $75,000 Lawyer s costs Nil Fixed amount $ $ for each additional defendant 7 Residential Tenancies Applications RSTN Form 6 Application for Disposal of Bond Money RSTN Form 11 Proceeds of Sale of Abandoned Goods RSTN Form 12 Application for COURT Order RSTN Form 16 Application to Set Aside/ Vary Order Description of Process Claim not exceeding $10,000 Filing fee financially disadvantaged person (inclusive of suitor s fund fee - $ ) $ Filing fee any other person (inclusive of suitor s fund fee - $ )

5 $ Application search by reporting service approved by Attorney General $ Application search by any other person $ Photocopy of any RSTN document not exceeding 4 pages $ Photocopy of any RSTN document 5 pages or more $ Certification that RSTN document is a true copy (for each document) $ Dispute RSTN Form 5 Description of Process Claim not exceeding $10,000 Dispute filing fee $ Review by magistrate of an order made by registrar, see page 10 under the section Commencing An Appeal - Against Decisions of a Registrar - Form 1B MAGISTRATES COURT (General Rules) 2005 for filing fees . 8 Process relating to Counterclaim, Set-Off and Third Party Claim or other Application Form 8 - Counter Claim Form 9 - Third Party Claim Claim not exceeding $10,000 Over $10,000 and not exceeding $50,000 Claim exceeding $50,000 Description of Process Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Filing fee $ $ $ $ $ $ $ $ $ Bailiff/Claimant Service fee (plus travelling fee) $ $ $ $ $ $ $ $ $ Application for Default Judgment Form 13 Application for Default Judgment Form 13A Application for Default Judgment by Claimant Item 11 Legal Profession ( MAGISTRATES COURT ) (Civil)

6 Determination 2018 Claim not exceeding $10,000 Claim over $10,000 to $75,000 Lawyer s costs Nil Fixed amount $ Request for Certificate of Judgment Form 55 Request for Certificate of Judgment Item 17(b) Legal Profession ( MAGISTRATES COURT ) (Civil) Determination 2018 0 - $75,000 Lawyer s costs Fixed amount $ 9 Process relating to Trial Application for Hearing - General Procedures Form 28 Request for Pre- Trial Conference Claim not exceeding $10,000 Over $10,000 and not exceeding $50,000 Claim exceeding $50,000 Description of Process Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Filing fee Includes: Pre trial conference Mediation conference Direction hearings Listing conference $ $ $ $ $ $ $ $ $ No fees payable: Minor cases procedure or residential tenancies Listing an appeal for hearing Application for hearing a counterclaim or set-off Allocation of a date or dates of hearing for each half-day allocated Form 33 Claim not exceeding $10,000 Over $10,000 and not exceeding $50,000 Claim exceeding $50,000 Description of Process Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Allocation fee $ $ $ $ $ $ $ $ $ No fees payable.

7 Minor cases procedure or residential tenancies Interlocutory proceedings or assessment of damages The fee will be determined on the basis that the days allocated for a hearing are the number of days determined by the magistrate at a listings conference Written requests for refunding or transferring fees are to be approved by the Registrar 10 Additional half-day Hearing Form 33 Claim not exceeding $10,000 Over $10,000 and not exceeding $50,000 Claim exceeding $50,000 Description of Process Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Filing fee $ $ $ $ $ $ $ $ $ This fee is payable for each additional day or part day that a hearing proceeds beyond the date or dates allocated.

8 The daily fee becomes payable on a day to day basis and is payable prior to the daily reconvening of the hearing. Applications On filing an interlocutory application or application for assessment of damages or summary judgment Form 23 Application Assessment of Damages (application for default judgment) Form 13 Application for Default Judgment Claim not exceeding $10,000 Over $10,000 and not exceeding $50,000 Claim exceeding $50,000 Description of Process Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Filing fee $ $ $ $ $ $ $ $ $ Bailiff/Claimant service fee (plus travelling fee) $ $ $ $ $ $ $ $ $ No fees payable: Minor cases procedure or Residential Tenancies The fee is inclusive of the hearing of the application or summons and includes any adjournment of the hearing.

9 This fee is not payable for matters dealt with in the absence of a party. 11 Summons To Witness Form 46 Application for Witness Summons Description of Process 0 - $75,000 Bailiff/Claimant Service fee (plus travelling fee) $ Warrant to Arrest Witness Bailiff fees Warrant for arrest *The fee for conveying the person will be held in trust by the COURT and paid to the sheriff upon performing this service, otherwise if the sheriff is not entitled to the fee it should be refunded to the judgment creditor. $ Includes (a) $ for arresting the person (b) $ for conveying the person to a COURT or a custodial place and releasing the person from arrest or custody Bill of Costs Appointment to Assess a Bill of Costs Form 50 Bill of Costs for Assessment Claim not exceeding $10,000 Over $10,000 and not exceeding $50,000 Claim exceeding $50,000 Description of Process Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Lodgement fee $ $ $ $ $ $ $ $ $ Assessment fee These fees are not payable for matters dealt with under the minor cases procedures, residential tenancies proceedings.

10 Where the assessment fees are payable, the following rounding rules apply: 12 For fees of $ - $ : fee is rounded to the nearest ; For fees of $ - $ : fee is rounded to the nearest $ ; For fees of $ - $ : fee is rounded to the nearest $ ; and For fees of $ and over: fee is rounded to the nearest $ Commencing an Appeal - Against Decisions of a Registrar ( MAGISTRATES COURT (General Rules) 2005) Form 1B Appeal against Registrar s Decision Claim not exceeding $10,000 Over $10,000 and not exceeding $50,000 Claim exceeding $50,000 Description of Process Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Individual or eligible entity Fee for entity Fee for eligible individual Filing fee $ $ $ $ $ $ $ $ $ This fee is payable for all matters including minor cases procedures and residential tenancies proceedings.