This legislation has been repealed.
[This Regulation commenced on 01 July 2013 and was repealed by the SMALL CLAIMS ACT 2016, NO. 4 which commenced on the 01 May 2016.]
NORTHERN TERRITORY OF AUSTRALIA
SMALL CLAIMS REGULATIONS
As in force at 1 July 2013
Table of provisions
NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 1 July 2013
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SMALL CLAIMS REGULATIONS
Regulations under the Small Claims Act
These Regulations may be cited as the Small Claims Regulations.
These Regulations come into operation on the commencement of the Small Claims Amendment Act 2001.
(1) The fee payable for filing a statement of claim under Part 7 of the Rules is 106 revenue units.
(2) The fee payable for filing an application for a rehearing, or a notice of appeal from an order made by a Registrar, under Part 23 of the Rules is 55 revenue units.
(3) A fee payable under subregulation (1) or (2) is payable to the Court at the time of filing.
(1) The fee for personal service of a document in proceedings is the fee specified in item 5 of the Schedule to the Local Court Regulations.
(2) A fee payable under subregulation (1) is payable to the bailiff on demand by the bailiff after service of the document.
(3) A fee payable under subregulation (1) is recoverable as part of a judgment whether or not fee was claimed in the statement of claim.
(1) The fee payable for a certified copy of an order under Part 21 of the Rules is the fee specified in item 3 of the Schedule to the Local Court Regulations.
(2) The fee payable for inspection and copies of a document relating to proceedings is the fee specified in item 4 of the Schedule to the Local Court Regulations.
(3) A fee payable under subregulation (1) or (2) is payable to the Court on demand by a Registrar.
All disbursements reasonably incurred by a party or by a legal practitioner on behalf of a party in proceedings are recoverable as part of the judgment whether or not the disbursements have been claimed in the statement of claim.
(1) Despite regulations 3, 4 and 5, a person acting in proceedings for or by authority of the Territory is exempt, in relation to the proceedings, from payment of the fees specified in these Regulations.
(2) A person who is 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 subregulation (1), have been payable.
(3) A person referred to in subregulation (2) must, on recovery of the fee, pay to the Court an amount equal to that fee.
If, in a particular case, the Registrar is of the opinion that the payment of a fee under regulation 3, 4 or 5 would cause financial hardship to the party who must pay the fee, the Registrar may waive payment of the whole or a part of the fee.
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
Small Claims Regulations (SL No. 3,
2002)
|
|
Notified
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13 February 2002
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Commenced
|
13 February 2002 (r 2, s 2 Small Claims Amendment
Act 2001 (Act No. 63, 2001), s 2 Local Court Amendment
Act 2001 (Act No. 64, 2001) and Gaz G6, 13 February 2002,
p 4)
|
Amendment of Small Claims Regulations (SL
No. 48, 2002)
|
|
Notified
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4 December 2002
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Commenced
|
4 December 2002
|
Courts Legislation Amendment (Revenue Units)
Regulations 2006 (SL No. 36, 2006)
|
|
Notified
|
8 November 2006
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Commenced
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8 November 2006
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Fees and Charges Amendment Regulations
2009 (SL No. 34, 2009)
|
|
Notified
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14 December 2009
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Commenced
|
1 January 2010 (r 2)
|
Fees and Charges (Attorney-General and Justice
Portfolio) Amendment Regulations 2013 (SL No. 27,
2013)
|
|
Notified
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28 June 2013
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Commenced
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1 July 2013 (r 2)
|
3 LIST OF AMENDMENTS
r 3 amd No. 48, 2002; No. 36, 2006, r 14; No. 34, 2009, r 10; No. 27, 2013, r 11
r 8 amd No. 36, 2006, r 15