Uniform Civil Procedure (Fees) Regulation 2009

1Short title

This regulation may be cited as the Uniform Civil Procedure (Fees) Regulation 2009 .

2Commencement

This regulation commences on 1 September 2009.

3Definitions

The dictionary in schedule 3 defines particular words used in this regulation.

div hdg ins 2011 SL No. 166 s 4

4Fees for Supreme Court and District Court generally

(1) Schedule 1 and this part apply for the Supreme Court and the District Court and set out the fees payable for proceedings in the Supreme Court and the District Court.

(2) Schedule 1 does not apply to or affect fees or percentages directed to be taken or paid by an Act for which no fee or percentage is stated in schedule 1.

(3)A registrar, enforcement officer, marshal or marshal’s officer is not required to pay a fee mentioned in schedule 1.

(4)To remove any doubt, it is declared that for applying schedule 1 and this part, a liquidator, receiver, administrator or other person acting for, or on behalf of, a corporation in a proceeding must pay the fee payable by a corporation.

s 4 amd 2011 SL No. 166 s 5

4ASetting down fee and hearing fee

(1)A setting down fee and hearing fee are payable for a trial or hearing of a proceeding under this section, unless—

(a)the trial or hearing is set down for 1 day or less; or

(b)the hearing relates to an interlocutory application.

(2)The fees are payable by the following, unless a court, on application by a party to the proceeding, orders otherwise—

(a)for a claim for which a request for trial date is filed under the Uniform Civil Procedure Rules 1999 , rule 467—the plaintiff;

(b)for an application that is an originating process—the applicant;

(c)for an appeal to the District Court for which a certificate of readiness is filed under the Uniform Civil Procedure Rules 1999 , rule 790—the appellant;

(d)for an appeal to the Court of Appeal—the appellant.

(3)However, another person may pay the fees without affecting the power of the court to make an order for costs in relation to the fees.

(4)The fees must be paid—

(a)for a proceeding mentioned in subsection (2) (a) or (c)—when the request for trial date or certificate of readiness is filed; or

(b)for a proceeding mentioned in subsection (2) (b) or (d), by the earlier of the following—

(i)the date that is 10 business days after the registrar sets a date for the hearing or trial of the proceeding or adds the appeal to a list of appeals under the Uniform Civil Procedure Rules 1999 , rule 790(2);

(ii)9.30a.m. on the first day set for the hearing or trial of the proceeding.

(5)If additional hearing or trial dates are set down for the proceeding, a hearing fee for the additional hearing or trial dates is payable by the earlier of the following—

(a)the date that is 10 business days after the additional hearing or trial dates are set;

(b)9.30a.m. on the first day set for the additional hearing or trial dates.

s 4A ins 2011 SL No. 166 s 6

4BNon-payment of setting down fee and hearing fee

(1)If a party fails to pay the setting down fee or hearing fee under section 4A—

(a)the registrar may list the matter of non-payment for hearing before the court and on hearing the matter the court may make an order or give directions it considers appropriate about the matter; or

(b)the court may order that a hearing or trial relating to the proceeding is not to take place except with the court’s leave; or

(c)the court may vacate any hearing date previously set down for the proceeding.

(2)This section does not limit the power of the court to make an order in relation to the proceeding.

s 4B ins 2011 SL No. 166 s 6

4CRefund of setting down fee and hearing fee

The registrar must refund 75% of the setting down fee and hearing fee paid by a party to a proceeding if—

(a)the party gives the registrar a request for refund of fees in the approved form, at least 10 business days before the first day set down for the hearing or trial of the proceeding, stating the hearing or trial will not occur; and

(b)the hearing or trial of the proceeding does not occur.

s 4C ins 2011 SL No. 166 s 6

div hdg ins 2011 SL No. 166 s 6

5Fees for Magistrates Courts

(1) Schedule 2 applies for Magistrates Courts and sets out the fees payable for proceedings in a Magistrates Court.

(2)An enforcement officer is not required to pay a fee mentioned in schedule 2.

div hdg ins 2011 SL No. 166 s 7

5AFees if state-related party

(1)In a proceeding to which a state-related person is a party the state-related person is not required to prepay any fees of court.

(2)However, if judgment is given against another party in the proceeding and the state-related person has paid fees of court, the state-related person may recover the fees of court with costs from the other party.

(3)In this section—

state-related person means the Sovereign, the State, a person acting for the State, an entity whose expenditure is payable, in whole or part, out of amounts from the consolidated fund, or a person acting for the entity.

s 5A ins 2011 SL No. 166 s 7

6Fees if account taken

(1)On taking an account of an accounting party in the Supreme Court or the District Court, the fees—

(a)must be paid by the party having the conduct of the order under which the account is taken and are part of that party’s costs of the proceeding, unless the court or a judge otherwise orders; and

(b)if a certificate of the result of the account is required—must be paid when the certificate is filed; and

(c)if a certificate is not required—are payable on the account, or part of the account, taken.

(2)The registrar of the Supreme Court or the District Court may require a deposit of not more than the fees payable on the amount that, from the account, appears to have been received and must make a note of the deposit in the account.

(3)On taking an account by order of the Supreme Court or the District Court the fees are, on payment, to be included in the account unless the court or a judge otherwise directs.

(4)In this section—

accounting party, see the Uniform Civil Procedure Rules 1999 , rule 530(2).

7Fees if assessment of costs

(1)The fees payable on the assessment of costs in the Supreme Court, the District Court or the Magistrates Courts are—

(a)payable on the allowance of any amount on the assessment; and

(b)to be fixed by the assessing registrar; and

(c)to be paid by the solicitor or party filing the costs statement.

(2)The assessing registrar may require a deposit, of not more than the fees payable on the full amount of the costs as submitted for assessment, before the assessment is started.

(3)The assessing registrar must make a note of the deposit on the costs statement.

8Deposit for fees

(1)The registrar, marshal or sheriff may require a deposit on account of fees applicable to a proceeding in the Supreme Court, the District Court or the Magistrates Courts—

(a)before the proceeding is started; or

(b)at any time during the course of the proceeding.

(2)The person requiring the deposit must make a note of the deposit on the court file.

9Payment of reduced fee and exemption from setting down fee and hearing fee

(1)A party to a proceeding may apply under section 10, 10A or 10B to pay the reduced fee instead of one of the following for the proceeding (the relevant fee)—

(a)a fee mentioned in schedule 1, item 1 on filing a document starting the proceeding;

(b)for a party other than a corporation—a fee mentioned in schedule 1, item 2 on filing a document starting the proceeding;

(c)a setting down fee;

(d)a hearing fee.

(2)The reduced fee is payable on or before the date specified in the order under section 10, 10A or 10B.

(3)If the registrar approves payment by the party of the reduced fee instead of a fee mentioned in subsection (1) (a) or (b), a setting down fee and hearing fee are not payable for the proceeding.

(4)If the registrar approves payment by the party of the reduced fee instead of the setting down fee for the proceeding, a hearing fee is not payable for the proceeding.

s 9 prev s 9 amd 2010 SL No. 155 s 3 sch

om 2010 Act No. 42 s 210

pres s 9 ins 2011 SL No. 166 s 8

10Application for payment of reduced fee—when registrar must approve application

(1)This section applies to a party to a proceeding who is an individual if the party—

(a)has been granted legal aid under the Legal Aid Queensland Act 1997 for the proceeding; or

(b)is the holder of any of the following cards under the Social Security Act 1991 (Cwlth)—

(i)a current health care card;

(ii)a current pensioner concession card;

(iii)a current Commonwealth seniors health card; or

(c)is the holder of a current repatriation health card or repatriation pharmaceutical benefits card issued by the Commonwealth department administering the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth); or

(d)is receiving youth allowance, Austudy payments or a benefit under the ABSTUDY scheme under the Social Security Act 1991 (Cwlth).

(2)The party may apply to the registrar for an order that the party pay the reduced fee instead of the relevant fee for the proceeding.

(3)The application must—

(a)be in the approved form; and

(b)be accompanied by proof of a matter mentioned in subsection (1).

(4)On receipt of an application properly made under this section, the registrar must, by order, approve that the party pay the reduced fee instead of the relevant fee.

(5)The order must include the date by which the reduced fee must be paid.

s 10 prev s 10 amd 2010 SL No. 155 s 3 sch

om 2010 Act No. 42 s 210

pres s 10 ins 2011 SL No. 166 s 8

10AApplication for payment of reduced fee—hardship

(1)This section applies to a party to a proceeding who is an individual if the party has not made an application under section 10.

(2)The party may apply in the approved form to the registrar for an order that the party pay the reduced fee instead of the relevant fee on the ground of financial hardship.

(3)In considering the application, the registrar must have regard to the party’s income, day-to-day living expenses, bank balances and cash on hand.

(4)If the registrar reasonably believes there is a ground of financial hardship, the registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee.

(5)The registrar may decide the application summarily and without extensive investigation.

(6)The order must include the date by which the reduced fee must be paid.

s 10A ins 2011 SL No. 166 s 8

10BApplication for payment of reduced fee—corporation

(1)A party to a proceeding who is a corporation may apply in the approved form to the registrar for an order that the party pay the reduced fee instead of the relevant fee.

(2) Subsection (1) does not apply to a corporation who is a party to a proceeding under the Corporations Act or the Admiralty Act 1988 (Cwlth).

(3)The registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee only if the registrar reasonably believes the party does not have, and can not reasonably obtain from another source, sufficient funds to pay the relevant fee.

(4)The order must include the date by which the reduced fee must be paid.

s 10B ins 2011 SL No. 166 s 8

amd 2014 SL No. 128 s 3 sch

10CPayment of reduced fee—review of registrar’s decision

(1)A party who has made an application under section 10, 10A or 10B and is dissatisfied with the registrar’s decision on the application may apply to the court for a review of the registrar’s decision.

(2)On an application for a review of the registrar’s decision, the court conducting the review may—

(a)consider the application with or without a hearing; and

(b)consider anything the registrar was required to consider when making the decision; and

(c)make any order the court considers appropriate.

s 10C ins 2011 SL No. 166 s 8

11Definitions for pt 4

In this part—

expert means a person who would, if called as a witness at the trial of a proceeding, be qualified to give opinion evidence as an expert witness in relation to an issue arising in the proceeding.

non-professional witness means a witness who attends court to give evidence of a non-professional nature.

prisoner see the Corrective Services Act 2006.

professional witness means a witness who attends court to give evidence of a professional nature.

public transport means any form of passenger transport that is available for use by the public on payment of a fare.

relevant person means—

(a)an expert; or

(b)an interpreter; or

(c)a non-professional witness; or

(d)a professional witness.

12Application of div 2

(1)This division does not apply to a person to whom section 21 applies.

(2)Also, if a relevant person, other than an interpreter, attends 2 or more proceedings on the same day, the amount to be paid to the person for each proceeding must be a reasonable share of the total for all the proceedings.

13Allowances

(1)A relevant person is entitled to be paid the following allowances in accordance with this part for attendance at court—

(a)a travelling allowance;

(b)an accommodation allowance;

(c)an attendance allowance.

(2)The travelling allowance is a payment made towards meeting the costs incurred by the relevant person in travelling to and from the court.

(3)The accommodation allowance is a payment made towards meeting the costs incurred by the relevant person for accommodation and meals when the relevant person is necessarily absent from the person’s place of residence to attend court.

(4)The attendance allowance is a payment made towards meeting any loss of earnings or additional expenses incurred by a relevant person when the relevant person is necessarily absent from the person’s place of employment, practice or residence to attend court.

14Travelling allowance

(1)The amount of the travelling allowance that is to be paid to a relevant person is—

(a)the amount actually and properly paid for fares for public transport; or

(b)if there is no public transport available—the amount calculated at the rate per kilometre payable under the Public Service Act 2008 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent.

(2)The relevant person is not entitled to the payment of a travelling allowance if no expense is incurred by the person in travelling to and from the court.

(3)If the relevant person travels to and from the court in a private vehicle with another relevant person, only 1 payment is to be made under subsection (1) (b) for the vehicle.

(4)If it is reasonable for the relevant person to travel to and from the court by air, the amount of the travelling allowance to be paid is—

(a)for a non-professional witness or an interpreter—the amount payable for economy class air travel by the person to and from the court; or

(b)for a professional witness or an expert—the amount payable for first class air travel by the person to and from the court.

(5)For calculating travelling allowances, in deciding whether public transport was available, regard is to be had to whether a public transport system operated by which a person could conveniently—

(a)travel to the court in reasonable time before the person’s required attendance; and

(b)return to the person’s place of employment, practice or residence after the person’s attendance at court.

15Accommodation allowance

(1)The amount of the accommodation allowance that is to be paid to a relevant person is to be the amount calculated at the rate payable under the Public Service Act 2008 to a public service officer.

(2)For subsection (1)—

(a)the period of absence from the relevant person’s place of residence is to be calculated from the time of departure from that place to the time of return to that place; and

(b)if, after the number of full days absence has been calculated, the period remaining is more than 12 hours, that period is to be treated as a day’s absence.

(3)For calculating accommodation allowances, regard is to be had to—

(a)the time of the latest public transport available by which the person could conveniently travel to the court in reasonable time before the person’s required attendance; and

(b)the time by which the person could conveniently return to the person’s place of employment, practice or residence using the earliest public transport available within a reasonable time after the person’s attendance at court.

(4) Subsection (3) does not apply if special reasons exist for some other basis for the calculation.

16Non-professional witness attendance allowance

The amount of the attendance allowance that is to be paid to a non-professional witness is—

(a)if the witness is under 16—$38.80; or

(b)if the witness is 16 or older—$77.65;

for each day or part of a day of necessary absence from the witness’s place of employment, practice or residence to attend court.

s 16 amd 2010 SL No. 155 s 3 sch; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 115

17Professional witness or expert attendance allowance

(1)The amount of the attendance allowance that is to be paid to a professional witness or an expert is $238.40 for each day of necessary absence from the person’s place of employment, practice or residence to attend court.

(2)If the period for which a professional witness or an expert is necessarily absent is 7 hours or less, the amount of the attendance allowance that is to be paid is—

(a)for an absence of 3 hours or less—$89.40; or

(b)for an absence of more than 3 hours but not more than 4 hours—$128.60; or

(c)for an absence of more than 4 hours but not more than 5 hours—$156.30; or

(d)for an absence of more than 5 hours but not more than 6 hours—$183.70; or

(e)for an absence of more than 6 hours—$210.50.

(3)However, if the person is a doctor who is employed under the Hospital and Health Boards Act 2011 as a health service employee at a public sector hospital, the attendance allowance that is to be paid is $79.80 for each day or part of a day of necessary absence from the person’s place of employment to attend court.

(4)Travelling time is to be taken into account for deciding the amount of the allowance under this section.

s 17 amd 2010 SL No. 155 s 3 sch; 2011 SL No. 115 s 3 sch; 2012 SL No. 90 s 41 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 116

18Interpreter attendance allowance

(1)The amount of the attendance allowance that is to be paid to an interpreter is $243.20 for each day of necessary absence from the interpreter’s place of employment, practice or residence to attend court.

(2)If the period for which an interpreter is necessarily absent is less than 8 hours, the amount of the attendance allowance that is to be paid is—

(a)for the first 2 hours or part of 2 hours—$62.10; and

(b)for each additional hour or part of an hour—$28.25.

(3)Travelling time is to be taken into account for deciding the amount of the allowance under this section.

s 18 amd 2010 SL No. 155 s 3 sch; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 117

19When additional amount may be paid

(1)If the registrar considers it is reasonable for an additional amount to be paid to a relevant person under section 16, 17 or 18 because of special circumstances, the registrar may approve the payment of an additional reasonable amount.

(2)Without limiting subsection (1), it is a special circumstance that a relevant person who is a doctor is a specialist health practitioner under the Health Practitioner Regulation National Law.

s 19 amd 2010 SL No. 108 s 69

20Increase if GST payable

If an amount payable under section 17 or 18 is for a supply on which GST is payable, the amount payable under the section is to be increased to take account of the GST.

21Allowance

(1)This section applies to a prisoner who—

(a)attends court as a relevant person; and

(b)has been granted leave of absence under the Corrective Services Act 2006 to engage in employment; and

(c)incurs loss of salary or wages while attending court.

(2)The prisoner is entitled to be paid an allowance for attendance at court.

(3)The amount of the allowance—

(a)must be decided by the chief executive of the department within which the Supreme Court of Queensland Act 1991 is administered; and

(b)must not be more than the amount of the allowance that a relevant person would be entitled to be paid under section 13 for the same attendance.

22Repeal

The Uniform Civil Procedure (Fees) Regulation 1999, SL No. 139 is repealed.

pt hdg ins 2011 SL No. 166 s 9

23Transitional provision for Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation (No. 1) 2011

This regulation, as amended by the Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation (No. 1) 2011 , applies only to proceedings started after the commencement of this section.

s 23 ins 2011 SL No. 166 s 9

section 4 (1)

* indicates fee may be payable to the enforcement officer, marshal or marshal’s officer

sub 2010 SL No. 155 s 3 sch; 2011 SL No. 115 s 3 sch

amd 2011 SL No. 166 s 10

sub 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch

amd 2013 SL No. 289 s 5

sub 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 118

section 5 (1)

amd 2009 SL No. 265 s 70

sub 2010 SL No. 155 s 3 sch

amd 2010 SL No. 282 s 4

sub 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch

amd 2013 SL No. 289 s 6

sub 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 118

section 3

assessing registrar see the Uniform Civil Procedure Rules 1999 , rule 679.

auctioneer, see the Property Agents and Motor Dealers Act 2000 .

costs statement, see the Uniform Civil Procedure Rules 1999 , rule 679.

expert, for part 4, see section 11.

hearing fee means the fee payable under section 4A and schedule 1, item 6.

def hearing fee ins 2011 SL No. 166 s 11

marshal means the marshal, deputy marshal or assistant marshal of the Supreme Court mentioned in the Uniform Civil Procedure Rules 1999 , rule 983(2).

marshal’s officer means a person employed as the marshal’s officer under the Uniform Civil Procedure Rules 1999 , rule 983(3).

non-professional witness, for part 4, see section 11.

prisoner, for part 4, see section 11.

professional witness, for part 4, see section 11.

public transport, for part 4, see section 11.

reduced fee means the fee mentioned in schedule 1, item 7.

def reduced fee ins 2011 SL No. 166 s 11

relevant fee see section 9 (1).

def relevant fee ins 2011 SL No. 166 s 11

relevant person, for part 4, see section 11.

setting down fee means the fee payable under section 4A and schedule 1, item 5.

def setting down fee ins 2011 SL No. 166 s 11