Uniform Civil Procedure (Fees) Regulation 2019

1Short title

This regulation may be cited as the Uniform Civil Procedure (Fees) Regulation 2019.

2Definitions

The dictionary in schedule 4 defines particular words used in this regulation.

3Fees for Supreme Court and District Court generally

(1)Schedule 1 and this part, other than divisions 2 and 3, 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 in relation 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 need not pay a fee mentioned in schedule 1.

(4)To remove any doubt, it is declared that for applying schedule 1 and this part, other than divisions 2 and 3, 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.

4Setting down fee and hearing fee

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

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

(b)the hearing relates to an interlocutory application.

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

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

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

(c)for an appeal to the Court of Appeal—the appellant; or

(d)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.

(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 (d)—when the request for trial date or certificate of readiness is filed; or

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

(i)the day that is 10 business days after a 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(4);

(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 for the proceeding, a hearing fee for the additional hearing or trial dates is payable by the earlier of the following—

(a)the day 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.

5Non-payment of setting down fee and hearing fee

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

(a)a 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 the 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 or trial date previously set for the proceeding.

(2)Subsection (1) does not limit the power of the court to make another order in relation to the proceeding.

6Refund of setting down fee and hearing fee

A 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 the fees in the approved form, at least 10 business days before the first day set for the hearing or trial of the proceeding, stating the hearing or trial will not happen; and

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

7General provisions

(1)A party to a proceeding may apply under section 8, 9 or 10 for an order that the party pay the reduced fee instead of 1 of the following fees for the proceeding (each a 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)However, a person may not make an application under section 8, 9 or 10—

(a)for a proceeding to which the Vexatious Proceedings Act 2005, section 10(2) applies; or

(b)for an application for leave under the Vexatious Proceedings Act 2005, section 11, unless and until the leave is granted.

(3)If an order made under section 8, 9 or 10 states the day by which the reduced fee must be paid, the reduced fee is payable on or before that day.

(4)If an order is made under section 8, 9 or 10 for a party to a proceeding to pay the reduced fee instead of a fee mentioned in subsection (1)(a) or (b) for the proceeding, a setting down fee and hearing fee are not payable for the proceeding.

(5)Also, if an order is made under section 8, 9 or 10 for a party to a proceeding to pay the reduced fee instead of the setting down fee for the proceeding, a hearing fee is not payable for the proceeding.

8Particular applications registrar must approve

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

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

(b)is the holder of—

(i)a current health care card, pensioner concession card or seniors health card under the Social Security Act 1991 (Cwlth); or

(ii)another card issued by the Commonwealth that certifies the holder’s current entitlement to a Commonwealth health concession; or

(c)is receiving a youth allowance, an austudy payment or a benefit under the ABSTUDY scheme under the Social Security Act 1991 (Cwlth).

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

Note—

See, however, section 7(2).

(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 made under this section, the registrar must, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding.

(5)The order must state the day by which the reduced fee must be paid.

(6)Subsection (5) does not apply if the relevant fee has been paid before the order is made.

Note—

For refunds of excess amounts paid, see section 12.

(7)In this section—

holder, of a card, does not include a dependant of the person who is issued the card.

9Financial 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 8.

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

Note—

See, however, section 7(2).

(3)Any information or documents included in the approved form, or attached to or given with the approved form, in support of the party’s application must be verified by statutory declaration.

(4)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.

(5)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 for the proceeding.

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

(7)The order must state the day by which the reduced fee must be paid.

(8)Subsection (7) does not apply if the relevant fee has been paid before the order is made.

Note—

For refunds of excess amounts paid, see section 12.

s 9 amd 2021 SL No. 11 s 6

10Corporations

(1)This section applies to a party to a proceeding, other than a proceeding under the Corporations Act or the Admiralty Act 1988 (Cwlth), if the party is a corporation.

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

Note—

See, however, section 7(2).

(3)The registrar may, by order, approve that the party pay the reduced fee instead of the relevant fee for the proceeding 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 state the day by which the reduced fee must be paid.

(5)Subsection (4) does not apply if the relevant fee has been paid before the order is made.

Note—

For refunds of excess amounts paid, see section 12.

11Review of registrar’s decision

(1)A party who has made an application to a registrar under section 8, 9 or 10 in relation to a proceeding 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 the review, the court 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.

12Refund of excess amounts paid

(1)This section applies if—

(a)under section 8, 9 or 10 a registrar orders that a party to a proceeding pay the reduced fee instead of a relevant fee for the proceeding; and

(b)the party has paid the relevant fee, or another relevant fee mentioned in section 7(1) that is no longer payable for the proceeding.

(2)The registrar must refund to the party any amount paid by the party for a fee mentioned in subsection (1)(b) that is more than the amount payable by the party for the fee under the order.

13Fees if account taken by registrar

(1)This section applies if an account of an accounting party in the Supreme Court or the District Court is taken before a registrar.

(2)The fees for taking the account—

(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)must be paid when the certificate stating the result of the taking of the account is filed.

(3)The registrar must include the fees in the account when the fees are paid, unless the court or a judge otherwise directs.

(4)The registrar may require a deposit of not more than the fees payable on the amount that, from the account, appears to have been received.

(5)If the registrar requires a deposit under subsection (4), the registrar must make a note of the deposit in the account when the deposit is paid.

(6)In this section—

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

14Fees for Magistrates Courts

(1)Schedule 2 and this part, other than divisions 1 and 3, apply for Magistrates Courts and set out the fees payable for proceedings in a Magistrates Court.

(2)An enforcement officer need not pay a fee mentioned in schedule 2.

15Fees for Planning and Environment Court

Schedule 3 and this part, other than divisions 1 and 2, apply for the Planning and Environment Court and set out the fees payable for proceedings in the Planning and Environment Court.

16Fees if state-related party

(1)In a proceeding to which a state-related person is a party, the state-related person need not 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—

(a)the Sovereign; or

(b)the State; or

(c)an entity whose expenditure is payable, in whole or part, out of amounts from the consolidated fund; or

(d)a person acting for the State or for an entity mentioned in paragraph (c).

17Fees if assessment of costs

(1)The fees payable on the assessment of costs in the Supreme Court, the District Court, a Magistrates Court or the Planning and Environment Court 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)If the assessing registrar requires a deposit under subsection (2), the assessing registrar must make a note of the deposit on the costs statement when the deposit is paid.

18Deposit for particular fees

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

(a)before the proceeding is started; or

(b)at any time during the proceeding.

(2)If a registrar, sheriff or marshal requires a deposit under subsection (1), the registrar, sheriff or marshal must make a note of the deposit on the court file when the deposit is paid.

19Definitions for part

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, schedule 4.

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.

20Application of division

(1)This division does not apply to a prisoner to whom section 29 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.

21Allowances

(1)A relevant person is entitled to be paid the following allowances under this division 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.

22Travelling 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 public transport was not 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 that is 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 the travelling allowance, 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.

23Accommodation 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 the accommodation allowance, 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.

24Attendance allowance for non-professional witness

The amount of the attendance allowance that is to be paid to a non-professional witness for each day or part of a day of necessary absence from the witness’s place of employment, practice or residence to attend court is—

(a)if the witness is under 16—$41.50; or

(b)if the witness is 16 or older—$83.05.

s 24 amd 2020 SL No. 143 s 119

25Attendance allowance for professional witness or expert

(1)The amount of the attendance allowance that is to be paid to a professional witness or an expert for each day of necessary absence from the person’s place of employment, practice or residence to attend court is $255.

(2)If the period for which a professional witness or an expert is necessarily absent from the person’s place of employment, practice or residence 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—$95.70; or

(b)for an absence of more than 3 hours but not more than 4 hours—$137.60; or

(c)for an absence of more than 4 hours but not more than 5 hours—$167.20; or

(d)for an absence of more than 5 hours but not more than 6 hours—$196.60; or

(e)for an absence of more than 6 hours—$225.30.

(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 for each day or part of a day of necessary absence from the person’s place of employment to attend court is $85.40.

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

s 25 amd 2020 SL No. 143 s 120

26Attendance allowance for interpreters

(1)The amount of the attendance allowance that is to be paid to an interpreter for each day of necessary absence from the interpreter’s place of employment, practice or residence to attend court is $260.20.

(2)If the period for which an interpreter is necessarily absent from the interpreter’s place of employment, practice or residence 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—$66.40; and

(b)for each additional hour or part of an hour—$30.25.

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

s 26 amd 2020 SL No. 143 s 121

27When additional amount may be paid

(1)If a registrar considers it is reasonable for an additional amount to be paid to a relevant person under section 24, 25 or 26 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.

28Increase if GST payable

If an amount payable under section  25 or 26 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.

29Allowance

(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; and

(b)must not be more than the amount of the allowance that a relevant person would be entitled to be paid under section 21 for the same attendance.

30Repeal

The Uniform Civil Procedure (Fees) Regulation 2009, SL No. 183 is repealed.

31Definitions for division

In this division—

corresponding provision, for a repealed provision, means a provision of this regulation that is substantially the same as or equivalent to the repealed provision.

repealed provision means the repealed regulation, section 10, 10A or 10B.

repealed regulation means the repealed Uniform Civil Procedure (Fees) Regulation 2009.

32Existing requests for refund of fees

(1)This section applies if—

(a)before the commencement, a party had given a registrar a request for refund of fees under the repealed regulation, section 4C; and

(b)immediately before the commencement, the request had not been finally dealt with.

(2)From the commencement, the request is taken to have been made under section 6 of this regulation.

33Existing applications to pay reduced fee

(1)This section applies if—

(a)before the commencement, a party had made an application under a repealed provision; and

(b)immediately before the commencement, the application had not been decided.

(2)From the commencement, the application is taken to have been made under the corresponding provision for the repealed provision and must be decided under the corresponding provision.

34Existing reviews

(1)This section applies if—

(a)before the commencement, a party had made an application to the court under the repealed regulation, section 10C for a review; and

(b)immediately before the commencement, the court had not finished dealing with the review.

(2)From the commencement—

(a)the application is taken to have been made under section 11 of this regulation; and

(b)the court may deal or continue to deal with the review under that section.

35Existing rights of review

(1)This section applies if—

(a)before the commencement, a party was entitled under the repealed regulation, section 10C to apply to the court to review a registrar’s decision on an application made by the party under a repealed provision; and

(b)immediately before the commencement, the party had not made the application.

(2)From the commencement, section 11 of this regulation applies to the party as if the application made under the repealed provision had been made under the corresponding provision for the repealed provision.

36References to repealed regulation

A reference in a document to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.

section 3(1)

sch 1 sub 2020 SL No. 143 s 122

section 14(1)

sch 2 sub 2020 SL No. 143 s 122

section 15

sch 3 sub 2020 SL No. 143 s 122

section 3

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

auctioneer see the Property Occupations Act 2014, section 14.

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

court means—

(a)in relation to a proceeding in the Supreme Court—the Supreme Court; or

(b)in relation to a proceeding in the District Court—the District Court; or

(c)in relation to a proceeding in a Magistrates Court—the Magistrates Court; or

(d)in relation to a proceeding in the Planning and Environment Court—the Planning and Environment Court.

expert, for part 3, see section 19.

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

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 3, see section 19.

prisoner, for part 3, see section 19.

professional witness, for part 3, see section 19.

public transport, for part 3, see section 19.

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

registrar means—

(a)in relation to a proceeding in the Supreme Court—a registrar of the court; or

(b)in relation to a proceeding in the District Court—a registrar under the District Court of Queensland Act 1967; or

(c)in relation to a proceeding in a Magistrates Court—a registrar of the Magistrates Court under the Magistrates Courts Act 1921, section 3 or the principal registrar of Magistrates Courts; or

(d)in relation to a proceeding in the Planning and Environment Court—a registrar of the court under the Planning and Environment Court Act 2016, section 66(2) or the ADR registrar or P&E Court’s principal registrar under that Act.

relevant fee see section 7(1).

relevant person, for part 3, see section 19.

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