District Court Regulations 2018 (SA)

South Australia District Court Regulations 2018 under the District Court Act 1991

Contents 1 Short title 3 Interpretation 4 Fees in civil proceedings 5 Fees in criminal proceedings 6 Fees generally Legislative history

1—Short title These regulations may be cited as the District Court Regulations 2018. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the District Court Act 1991; Crown means the Crown in right of this State; government agency includes— (a) a Minister, instrumentality or agency of the Crown; or (b) a body or person subject to control or direction by the Governor, a Minister of the Crown or other instrumentality or agency of the Crown; or (c) South Australia Police; or (d) the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (South Australia). 4—Fees in civil proceedings (2) The following provisions apply to the fees prescribed for setting a date for trial in the Civil Division: (a) except where the Court or a registrar directs otherwise, the fee— (i) is payable by the applicant; and (ii) must be paid within the period of 14 days after the day on which the trial date is set; (b) the trial will not proceed on the day set for that purpose unless the fee has been paid in accordance with paragraph (a). (3) The following provisions apply to the prescribed trial fees for each day or part of a day on which the trial is heard by the Court in the Civil Division: (a) the fee for a trial is the prescribed fee as in force on the day on which the trial commences; (b) the fee is not payable for the first day of trial if the fee prescribed for setting a date for trial in the Civil Division has been paid; (c) subject to paragraph (d), the fee is payable by the applicant in the proceedings; (d) if the Court or a registrar so directs, the fee is payable by another party to the proceeding or by the parties to the proceeding in the proportions directed. (5) Section 15 of the Crown Proceedings Act 1992 makes provision in relation to the Crown's liability for fees and charges in civil proceedings in the Court. 5—Fees in criminal proceedings (2) A government agency is not required to pay any fee or charge— (a) for commencing, or taking any step in, proceedings in the Court to which this regulation applies; or (b) for obtaining a transcript of any such proceedings to which it is a party; or (c) for obtaining a copy of evidence in any such proceedings to which it is a party. (3) Any costs to which a government agency is entitled will be calculated as if the government agency were liable to pay, and had in fact paid, fees and charges from which it is exempt under subregulation (2). (4) This regulation applies to criminal proceedings in the Court. 6—Fees generally (2) The Court may require a non‑refundable deposit as security for the payment of fees for the production of a transcript of the hearing of a case at the request of a party where the Court does not require the transcript.