Civil Process (Table of Fees for Execution) Rules 1991 (Tas)

Civil Process (Table of Fees for Execution) Rules 1991

14 October 1991

We, the Honourable Sir Guy Stephen Montagu Green, Knight Commander of the Most Excellent Order of the British Empire, Chief Justice, the Honourable William John Ellis Cox, the Honourable Peter George Underwood and the Honourable Ewan Charles Crawford, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, hereby make the following Rules under the Civil Process Act 1870 .

1. Short title These rules may be cited as the Civil Process (Table of Fees for Execution) Rules 1991 .

2. Commencement These rules take effect on the day on which their making is notified in the Gazette.

3. Application of table The table of fees set out in Schedule 1 applies to proceedings whether those proceedings have commenced before or commence after these rules take effect.

4. Table of fees For the purposes of section 2 of the Civil Process Act 1870 , the table of fees set out in Schedule 1 is the table of fees to be paid to the Sheriff and any other officer of the Sheriff concerned in the execution of civil process.

5. Fees not to be received for own use The Sheriff or any other officer of the Sheriff shall not receive or retain for personal use any fee specified in the table of fees set out in Schedule 1 .

6. Revocation The table of fees and the general rule made under the Civil Process Act 1870 (being Statutory Rules 1984, No. 245) is revoked.

SCHEDULE 1 - Table of Fees for Execution of Civil Process

$ 1. For each warrant issued by the Sheriff or any deputy of the Sheriff – (a) in respect of debts not exceeding $20 000 100.00 (b) in respect of debts exceeding $20 000 200.00 2. Travelling expenses necessarily incurred by the Sheriff in connection with the execution of civil process – (a) using the most usual mode of transport; or Actual cost (b) if a motor vehicle is used, for each kilometre 0.70 3. For each sale by auction, 5% on amount realized if it does not exceed $1 000 and 2.5% on all sums exceeding that amount Actual cost 4. For each person necessarily employed to assist with any execution or sale Actual cost 5. For service of each document in connection with the execution of civil process 55.00 6. For other necessary expenses of the Sheriff or any officer of the Sheriff in connection with the execution of civil process Actual cost 7. For a levy or seizure by the Sheriff – (a) in respect of a debt not exceeding $20 000 $310 (b) in respect of a debt exceeding $20 000 $620 (c) in respect of a writ of execution that is otherwise than in respect of a debt $620