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Magistrates Court SA Noticeboard – July 2021 Part 2

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The Magistrates Court Practice SA Noticeboard is your ticket to news as it occurs in the Civil Division of the Magistrates Court of South Australia. With frequent and rapid updating by retired Deputy Chief Magistrate Dr Andrew Cannon, the Noticeboard keeps you apprised of all of the latest legislative and case developments related to the practice of civil law in the Magistrates Court of South Australia. For a more detailed look into these and other civil law matters, Magistrates Court Practice SA, the only publication specialising in the civil jurisdiction of the Magistrates Court in South Australia, is available for subscription online, in looseleaf or on ProView eSub. For further enquires, please contact the Sales Team on 1800 110 009 or https://legal.thomsonreuters.com.au/support/contact-sales.aspx.

The Magistrates Court and Sheriff’s fees from 1 July 2021 are as follows

 

On filing a Final Notice of Claim using the Electronic System

$23.50

 

On filing a Final Notice of Claim under in any other case

$56.50

 

On filing of minor civil action

$159.00

 

On filing a cross action in the nature of a counterclaim or a third party claim in a minor civil action

$159.00

 

On filing a document to commence any other action under the Magistrates Court Act 1991 where the claim is not for money in the case of a prescribed corporation

$587.00

 

On filing a document to commence any other action under the Magistrates Court Act 1991 where the claim is not for money in any other case

$346.00

 

On filing a document to commence any other action under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $12,000.00 but does not exceed $25,000.00 in the case of a prescribed corporation

$587.00

 

On filing a document to commence any other action under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $12,000.00 but does not exceed $25,000.00 in any other case

$346.00

 

On filing a document to commence any other action under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $25,000.00 but does not exceed $50,000.00 in the case of a prescribed corporation

$836.00

 

On filing a document to commence any other action under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $25,000.00 but does not exceed $50,000.00 in any other case

$445.00

 

On filing a document to commence any other action under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $50,000.00 in the case of a prescribed corporation

$1,225.00

 

On filing a document to commence any other action under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $50,000.00 in any other case

$836.00

 

On filing a cross action in the nature of a counterclaim or third party claim in any other proceedings under the Magistrates Court Act 1991 where the claim is not for money in the case of a prescribed corporation

$587.00

 

On filing a cross action in the nature of a counterclaim or third party claim in any other proceedings under the Magistrates Court Act 1991 where the claim is not for money in any other case

$346.00

 

On filing a cross action in the nature of a counterclaim or third party claim in any other proceedings under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $12,000.00 but does not exceed $25,000.00 in the case of a prescribed corporation

$587.00

 

On filing a cross action in the nature of a counterclaim or third party claim in any other proceedings under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $12,000.00 but does not exceed $25,000.00 in any other case

$346.00

 

On filing a cross action in the nature of a counterclaim or third party claim in any other proceedings under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $25,000.00 but does not exceed $50,000.00 in the case of a prescribed corporation

$836.00

 

On filing a cross action in the nature of a counterclaim or third party claim in any other proceedings under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $25,000.00 but does not exceed $50,000.00 in any other case

$445.00

 

On filing a cross action in the nature of a counterclaim or third party claim in any other proceedings under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $50 000.00 in the case of a prescribed corporation

$1,225.00

 

On filing a cross action in the nature of a counterclaim or third party claim in any other proceedings under the Magistrates Court Act 1991 where the amount claimed, or the value of the property the subject of the claim, exceeds $50 000.00 in any other case

$836.00

 

For issuing and administering an investigation or examination summons under the Magistrates Court Act 1991

$60.50

 

On commencement of proceedings under any other Act

$159.00

 

On filing a cross action in the nature of a counterclaim or a third party claim in any proceedings under any other Act

$159.00

 

On setting a date for trial for a minor civil action where the amount claimed does not exceed $4,000.00

$222.00

 

On setting a date for trial for a minor civil action in any other case

$668.00

 

On setting a date for trial for any other action under the Magistrates Court Act 1991 in the case of a prescribed corporation

$1,114.00

 

On setting a date for trial for any other action under the Magistrates Court Act 1991 in any other case

$836.00

 

For publishing an advertisement

Actual costs reasonably incurred

 

For each request to search and/or inspect a record of the Court

$26.25

 

For an unsealed copy of the record of the Court

$26.25

 

For a sealed copy of the record of the Court

$82.50

 

For copy of evidence per page in electronic form

$8.85

 

For copy of evidence per page in hard-copy form

$11.30

 

For copy of reasons for judgment—per page

$8.85

(Note 1 copy will be supplied to a party to the proceedings free of charge)

 

For copy of any other document—per page

$5.30

 

For production of transcript at request of a party where the Court does not require the transcript—per page

$17.80

 

Suitors’ Fund – on interest collected on funds in Court or credited to an account, payable on transfer of interest out of the fund or account or at such earlier time or times as required by the Court if the interest is $10.00 or less

No fee

 

Suitors’ Fund – on interest collected on funds in Court or credited to an account, payable on transfer of interest out of the fund or account or at such earlier time or times as required by the Court in any other case

3% of amount of interest

 

Taxation of costs: on lodging a claim for costs in an existing proceeding (other than in a minor civil action)

$82.50

 

For opening Registry (or Registry remaining open) after hours for urgent execution of process—for each hour or part of an hour

$423.00

 

For opening Court (or Court remaining open) after hours for urgent hearing—for each hour or part of an hour

$1,274.00

 

Sherrif’s fees

 

For receiving and entering a summons, notice, order or other document for service (other than in relation to proceedings in the Magistrates Court)—per copy

$44.75

For receiving and entering a warrant (including a summons when issued as a joint process) or other process of execution

$66.00

For serving a summons, claim, notice, order or other document where a written report must be submitted for the preparation of an affidavit of service—per copy

$49.50

For serving a summons, claim, notice, order or other document where a written report does not have to be submitted for the preparation of an affidavit of service—per copy

$42.00

For conducting inquiries as necessary before executing a warrant or other process of execution

$49.50

For executing a warrant (including serving a summons when issued as a joint process) or other process of execution or making an arrest

$93.00

Additional fee if, under a warrant, personal property is seized and processed for sale

$93.00 plus $52.50 for each hour or part of an hour after the first 3 hours

Allowance for travelling expenses incurred in the service of a document or execution of a process (Only 1 fee is payable where 2 or more processes are served or executed at the same time on the same person or on different persons at the same address.)

$1.55 per kilometre or part of a kilometre, after 50 kilometres

Poundage on a warrant of sale or other process of execution (other than on a warrant of possession enforced against real property), calculated on the amount realised on sale or, if not sold, on the value of the property seized or the amount of the judgement debt, whichever is the lesser

$0.10 per dollar for the first $2,000 and $0.05 per dollar over $2,000

Poundage on a warrant of possession enforced against real property, calculated on the annual value (within the meaning of the Valuation of Land Act 1971) of the real property seized

$0.10 per dollar for the first $2,000 and $0.05 per dollar over $2,000

For sheriff's attendance to execute an enforcement process

$52.50 per hour or part hour, after the first hour

For opening the office (or the office remaining open) after hours for an urgent execution of process

$353.00 per hour or part hour

 

 

Dr Andrew Cannon - Deputy Chief Magistrate (retired)
By Dr Andrew Cannon
Deputy Chief Magistrate (retired)

Dr Andrew J Cannon BA LLB (Adel) LLM(Hons) (Woll) PhD (Woll) FAAL AM is a retired Deputy Chief Magistrate of South Australia. He is an adjunct Professor at Adelaide and Flinders Universities law schools and a Visiting Professor at Münster and Trier Universities, Germany as well as an experienced qualified mediator under the National Standard.

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