This legislation has been repealed.
[This Regulation commenced on 01 July 2013 and was repealed by the LOCAL COURT (REPEALS AND RELATED AMENDMENTS) ACT 2016, 9 which commenced on the 01 May 2016.]
NORTHERN TERRITORY OF AUSTRALIA
LOCAL COURT REGULATIONS
As in force at 1 July 2013
Table of provisions
NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 1 July 2013
____________________
LOCAL COURT REGULATIONS
Regulations under the Local Court Act
These Regulations may be cited as the Local Court Regulations.
Subject to regulations 4 and 5, the fee payable for a procedure or matter specified in the Schedule is the fee specified in the Schedule opposite the procedure or matter.
(1) A fee specified in item 1, 2, 3 or 4 of the Schedule is payable to the Court:
(a) in the case of a fee specified in item 1 or 2 – at the time of filing; or
(b) in the case of a fee specified in item 3 or 4 – on demand by the Court.
(2) A fee specified in item 5 or 6 is payable to the bailiff:
(a) in the case of a fee specified in item 5 – on demand by the bailiff after service; or
(b) in the case of a fee specified in item 6 – on execution of the warrant.
(1) Subject to subregulation (3), a person acting in a proceeding for or by the authority of the Territory is, in relation to that proceeding, exempt from payment of the fees specified in item 1 or 2 of the Schedule.
(2) A person exempt from payment of a fee under subregulation (1) is entitled to recover, as part of a judgment debt as if it were a cost incurred, an amount equal to the fee that would, but for that subregulation, have been payable.
(3) On recovery of the fee, the person must pay an amount equal to the fee to the Court.
If, in a particular case, the Registrar is of the opinion that the payment of a fee specified in item 1, 2, 3 or 4 of the Schedule would cause financial hardship to the plaintiff, applicant or party who must pay the fee, the Registrar may waive payment of the whole or a part of the fee.
regulation 2
Item No.
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|
Fee (revenue units unless otherwise
stated)
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1
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Filing
(a) Statement of claim or originating application
under Part 7 of the Rules seeking monetary relief where the amount
is:
(i) more than $5 000 but less than
$10 000
(ii) $10 000 or more but less than
$20 000
(iii) $20 000 or more
(iv) an unspecified amount
|
232
355
435
435
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|
(b) Statement of claim or originating application
under Part 7 of the Rules other than a claim or application seeking
monetary relief
|
232
|
|
(c) Statement of claim or originating application
under Part 7 of the Rules seeking relief other than monetary relief in addition
to, or as an alternative to, monetary relief where the amount in addition to or
as an alternative to relief is:
(i) more than $5 000 but less than
$10 000
(ii) $10 000 or more but less than
$20 000
(iii) $20 000 or more
(iv) an unspecified amount
|
232 355
435
435
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|
(d) Application for an interpleader order under
Part 14 of the Rules
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126
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|
(e) Application for an order under Part 18 of the
Rules seeking preliminary discovery or discovery from a non-party
|
126
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|
(f) Application for a re-hearing under Part 36 of
the Rules
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271
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|
(g) Notice of appeal under Part 37 of the Rules
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115
|
|
(h) Application for the issue of a
warrant
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62
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|
(i) Application for an order under Chapter 2 of the
Rules
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62
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|
(j) Any other application under an Act other than
the Local Court Act or a provision of any other Act as specified in this
Schedule
|
126
|
|
(l) Judgment filed for registration under section
105 of the Service and Execution of Process Act 1992
(Cth)
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134
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2
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Taxation of costs
|
|
|
Filing a bill of costs under Part 38 of the
Rules
|
385
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3
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Orders
|
|
|
Certified copy of order under Part 35 of the
Rules
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66
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4
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Inspection
|
|
|
Inspection under section 12(3) of the Act
– per file
|
22
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5
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Service
|
|
|
Bailiff fee for service under Part 4, Division 2 of
the Rules (for 2 attempts)
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125
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6
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Execution of Warrants
|
|
|
(a) Bailiff fee for execution of warrant of
possession
|
136
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|
(b) Bailiff fee for execution of warrant of seizure
and sale where the value of property to be seized is:
(i) less than $5 000
(ii) $5 000 or more but less than
$20 000
(iii) $20 000 or more
(c) Bailiff fee for execution of other
warrants
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91 136
180
65
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7
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Photocopying by Court staff – per
page
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$2
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1 KEY
Key to abbreviations
amd = amended od =
order
app = appendix om =
omitted
bl = by-law pt =
Part
ch = Chapter r =
regulation/rule
cl = clause rem =
remainder
div = Division renum =
renumbered
exp = expires/expired rep
= repealed
f = forms s =
section
Gaz =
Gazette sch = Schedule
hdg =
heading sdiv = Subdivision
ins =
inserted SL = Subordinate
Legislation
lt = long title sub =
substituted
nc = not commenced
2 LIST OF LEGISLATION
Local Court Regulations (SL No. 39,
1998)
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Notified
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7 October 1998
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Commenced
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7 October 1998
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Amendments of Local Court Regulations (SL
No. 10, 2000)
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Notified
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1 March 2000
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Commenced
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1 March 2000
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Amendment of Local Court Regulations (SL
No. 23, 2001)
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Notified
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30 May 2001
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Commenced
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30 May 2001
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Amendments of Local Court Regulations (SL
No. 45, 2002)
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Notified
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1 November 2002
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Commenced
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1 November 2002
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Courts Legislation Amendment (Revenue Units)
Regulations 2006 (SL No. 36, 2006)
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Notified
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8 November 2006
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Commenced
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8 November 2006
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Justice Legislation Amendment Act 2007
(Act No. 5, 2007)
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Assent date
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24 April2007
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Commenced
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s 37 (except amd of Criminal Code and Legal
Profession Act 2006): 1 May 2007 (s 2(1), s 2 Victims of Crime
Assistance Act 2006 (Act No. 15, 2006) and Gaz G17, 26
April 2007, p 7); rem: 24 April 2007
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Fees and Charges Amendment Regulations
2009 (SL No. 34, 2009)
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Notified
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14 December 2009
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Commenced
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1 January 2010 (r 2)
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Fees and Charges (Attorney-General and Justice
Portfolio) Amendment Regulations 2013 (SL No. 27,
2013)
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Notified
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28 June 2013
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Commenced
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1 July 2013 (r 2)
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3 LIST OF AMENDMENTS
r 5 amd No. 10, 2000, r 4; No. 36, 2006, r 9
sch amd No. 10, 2000, r 5; No. 23, 2001; No. 45, 2002, r 2
sub No. 36, 2006, r 10
amd Act No. 5, 2007 s 37; No. 34, 2009, r 10
sub No. 27, 2013, r 6