Western Australia District Court of Western Australia Act 1969 District Court (Fees) Regulations 2002 Western Australia District Court (Fees) Regulations 2002 Contents 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Fees to be charged 1 4A. Fees for small businesses and non‑profit associations 1 5. Exemptions 1 5A. Disputes regarding fees 1 6. Fees to be paid before documents etc. filed 1 7. Who is an eligible individual or eligible entity 1 8. Application to be recognised as eligible individual or eligible entity 1 8A. Recognition as eligible individual or eligible entity 1 8B. False or misleading statements 1 8C. Refunds 1 8D. Waiving fee for copy of document or transcript 1 8E. Conventions 1 9. Allocation of hearing date — Schedule 1 items 7 and 8 1 10. Schedule 1 item 8 fee 1 11. Recovery of unpaid fees 1 11A. Searchable information 1 Schedule 1 — Registry fees Schedule 2 — Sheriff's fees Schedule 3 — Forms Notes Compilation table 1 Other notes 1 Defined terms District Court of Western Australia Act 1969 District Court (Fees) Regulations 2002 1. Citation These regulations may be cited as the District Court (Fees) Regulations 2002. 2. Commencement These regulations come into operation on 1 January 2002. 3. Terms used In these regulations unless the contrary intention appears — corporation has the same meaning as it has in the Corporations Act 2001 of the Commonwealth; eligible entity means an entity referred to in regulation 7(3); eligible entity fee, in relation to a matter specified in an item in Schedule 1, means the fee shown in column A for that item; eligible individual means an individual referred to in regulation 7(2); eligible individual fee, in relation to a matter specified in an item in Schedule 1, means the fee, if any, shown in column C for that item; entity does not include an individual; individual does not include a public officer of the Commonwealth, of this State or any other State, or of any Territory acting in the course of his or her duties as such an officer; metropolitan region has the meaning given in the Planning and Development Act 2005 section 4(1); non‑profit association means a society, club, institution, or body that is not for the purpose of trading or securing pecuniary profit for its members from its transactions; person means an individual or an entity; Rules means the District Court Rules 1996 1 or the rules applicable to the District Court under section 87 of the Act; small business means — [(a) deleted] (b) a business undertaking that is wholly owned and operated by an individual or individuals in partnership and has less than 20 full‑time equivalent employees or partners; (c) a corporation that has less than 20 full‑time equivalent employees and that is not a subsidiary of a corporation that has 20 or more full‑time equivalent employees; (d) a co‑operative as defined in the Co‑operatives Act 2009 that has less than 20 full‑time equivalent employees and that is not a subsidiary of another co‑operative or corporation that has 20 or more full‑time equivalent employees; (e) a corporation within the meaning of the Statutory Corporations (Liability of Directors) Act 1996 that has less than 20 full‑time equivalent employees and that is not a body that would be a subsidiary, if the corporation were a corporation to which the Corporations Act 2001 of the Commonwealth applies, of a corporation within the meaning of the Corporations Act 2001 of the Commonwealth or the Statutory Corporations (Liability of Directors) Act 1996 that has 20 or more full‑time equivalent employees; subsidiary has the same meaning as it has in the Corporations Act 2001 of the Commonwealth. [Regulation 3 amended: Gazette 30 Dec 2003 p. 5702; 14 Jun 2016 p. 1879‑80; SL 2023/120 r. 14.] 4. Fees to be charged (1) Subject to the provisions of these regulations, the fees specified in Schedules 1 and 2 are to be charged in respect of the matters referred to in section 89A of the Act in relation to which they are applicable. (2) In relation to a matter specified in an item in Schedule 1 — (a) the fee payable by an individual who is not an eligible individual is the fee shown in column A for that item; or (b) the fee payable by an eligible individual is the eligible individual fee for that item; or (c) the fee payable by an entity that is not an eligible entity is the fee shown in column B for that item; or (d) the fee payable by an eligible entity is the eligible entity fee for that item. (3) A note to an item in Schedule 1 or 2 has effect according to its tenor as if it were a provision of these regulations. (4) Except as provided in Schedule 1, a fee must not be charged in respect of any of the following — (a) filing an affidavit; (b) filing a pleading; (c) search by a party; (d) sealing a copy of a document; (e) drawing up, settling or signing a judgment, order, or decree; (f) amending a pleading; (g) making a request under the Rules; (h) filing, depositing, giving, issuing, or serving any other document required or permitted by the Rules to be filed, deposited, given, issued, or served in connection with proceedings in the District Court. (5) No fee is to be charged in respect of any attendance in chambers if the attendance is required by an order of the District Court made on its own motion. [(6)-(12) deleted] [Regulation 4 amended: Gazette 30 Dec 2003 p. 5702‑3; 28 Apr 2005 p. 1751; 14 Jun 2016 p. 1880.] 4A. Fees for small businesses and non‑profit associations (1) An entity that is a small business or a non‑profit association may lodge a declaration in the form of Schedule 3 Form 1. (2) On the lodgment of a declaration the entity is to be charged fees as if it were an eligible entity. (3) Subregulation (2) does not apply to fees payable by joint parties unless each party is a small business or non‑profit association. (4) An entity that has lodged a declaration under subregulation (1) must immediately advise the Principal Registrar if the entity ceases to be a small business or non‑profit association as the case requires. Penalty for this subregulation: a fine of $1 000. (5) If an entity is charged a fee under subregulation (2) when the entity was not a small business or a non‑profit association, the Court may — (a) order that the entity pay the difference between the amount of the fee the entity paid and the amount of the fee that would otherwise have been payable by the entity; and (b) make orders to enforce the order for the payment. (6) An order under subregulation (5)(b) may include orders relating to the future conduct of the proceedings to which the fees relate or the effect of anything that has been done in respect of the proceedings until the sum ordered to be paid has been paid. [Regulation 4A inserted: Gazette 14 Jun 2016 p. 1881‑2.] 5. Exemptions (1) The provisions of these regulations apply to all proceedings in the District Court in any jurisdiction conferred on the Court or a judge other than — (a) criminal proceedings; or (b) proceedings under the Civil Judgments Enforcement Act 2004; or (c) an application under the Prohibited Behaviour Orders Act 2010 for a prohibited behaviour order or to vary or cancel a prohibited behaviour order; or (d) civil proceedings under the Criminal Law (Mental Impairment) Act 2023. (2) A person is not required to pay a fee in respect of a matter if — (a) a written law provides that the person is not required to pay a fee in respect of a matter of that type; or (b) the person has not reached 18 years of age on the day the fee would otherwise be payable. [Regulation 5 amended: Gazette 28 Apr 2005 p. 1751; 27 Mar 2012 p. 1506; 14 Jun 2016 p. 1882; SL 2024/174 r. 6.] 5A. Disputes regarding fees (1) An application for a determination under section 89A(3) of the Act is to be in the form of Schedule 3 Form 3. (2) Despite the provisions of these regulations, a fee is not to be charged in respect of an application referred to in subregulation (1). [Regulation 5A inserted: Gazette 28 Apr 2005 p. 1751‑2.] 6. Fees to be paid before documents etc. filed (1) Subject to the provisions of these regulations — (a) a pleading, application, or other document must not be filed, issued, or otherwise dealt with; and (b) no other matter or thing is to be done in the District Court or by an officer of the Court, unless the fee (if any) payable upon or in respect of filing, sealing, issuing, or otherwise dealing with that pleading, application, or other document or upon or in respect of the doing of that matter or thing, has been paid. (2) The Court or a registrar may direct that the payment of the whole or a part of a fee or fees be deferred — (a) to a time specified by the Court or registrar; and (b) on any conditions specified by the Court or registrar. (3) A person may apply for the Court or a registrar to make a direction under subregulation (2). (4) An application under subregulation (3) must be in the form of Schedule 3 Form 2. (5) Despite anything else in these regulations, a fee must not be charged in respect of an application under subregulation (3). [Regulation 6 amended: Gazette 14 Jun 2016 p. 1882‑3; SL 2023/120 r. 15; SL 2024/261 r. 4.] 7. Who is an eligible individual or eligible entity (1) In this regulation — Centrelink means the Commonwealth agency known as Centrelink. (2) An eligible individual is — (a) an individual who holds one or more of the following cards issued by Centrelink — (i) a health care card; (ii) a health benefit card; (iii) a pensioner concession card; (iv) a Commonwealth seniors health card; or (b) an individual who holds any other card issued by Centrelink or the Department of Veterans' Affairs of the Commonwealth that certifies entitlement to Commonwealth health concessions; or (c) an individual who is in receipt of a youth training allowance, or an AUSTUDY allowance, as defined in the Social Security Act 1991 (Commonwealth) section 23(1); or (d) an individual who is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or (e) an individual who has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or (f) an individual who the Court or a registrar has directed is an eligible individual under regulation 8A(1). (3) An eligible entity is — (a) an entity that has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or (b) an entity that the Court or a registrar has directed is an eligible entity under regulation 8A(2). [Regulation 7 inserted: Gazette 14 Jun 2016 p. 1883‑4; amended: Gazette 20 Jul 2018 p. 2624‑5.] 8. Application to be recognised as eligible individual or eligible entity (1) A person may apply for — (a) a direction under regulation 8A(1) that, in respect of a matter referred to in Schedule 1, the person is an eligible individual described in regulation 7(2)(f); or (b) a direction under regulation 8A(2) that, in respect of a matter referred to in Schedule 1, the person is an eligible entity described in regulation 7(3)(b). (2) An application is to be in the form of Schedule 3 Form 2 and is to specify — (a) for an individual — the item or the matter in respect of which the individual is seeking to pay the eligible individual fee; or (b) for an entity — the item or the matter in respect of which the entity is seeking to pay the eligible entity fee. (3) Despite anything else in these regulations, a fee is not to be charged in respect of an application under subregulation (1). [Regulation 8 inserted: Gazette 14 Jun 2016 p. 1884‑5; amended: Gazette 20 Jul 2018 p. 2625.] 8A. Recognition as eligible individual or eligible entity (1) On an application under regulation 8(1)(a) the Court or a registrar may direct that a person is an eligible individual described in regulation 7(2)(f) if satisfied that the person should be required to pay only an eligible individual fee in respect of the matter for either, or both, of the following reasons — (a) financial hardship; (b) the interests of justice. (2) On an application under regulation 8(1)(b) the Court or a registrar may direct that a person is an eligible entity described in regulation 7(3)(b) if satisfied that the person should be required to pay only an eligible entity fee in respect of the matter for either, or both, of the following reasons — (a) financial hardship; (b) the interests of justice. (3) A judge or a registrar may, before an application is determined, direct the applicant to provide to the judge, the registrar or the Court further information relating to the application. (4) A direction to provide further information — (a) may be made in writing or orally; and (b) may require that the information is provided either in writing or orally. [Regulation 8A inserted: Gazette 14 Jun 2016 p. 1885‑6; amended: Gazette 20 Jul 2018 p. 2625.] 8B. False or misleading statements (1) A person who makes a statement or representation in a declaration or application made under these regulations or provides further information in relation to a declaration or application, that the person knows or has reason to believe is false or misleading in a material particular commits an offence. Penalty for this subregulation: a fine of $1 000. (2) The Court or a registrar may make an order that the declaration lodged by a person under regulation 4A(1) is invalid if satisfied, having given the person an opportunity to make a written submission, that the person has contravened subregulation (1). (3) The Court or a registrar may revoke a direction made under regulation 8A(1) or (2) if satisfied, having given the person an opportunity to make a written submission, that the person has contravened subregulation (1). (4) If a declaration is declared invalid under subregulation (2) or a direction is revoked under subregulation (3), the Court may — (a) order that the person in respect of whom the declaration or direction was made pay the difference between the fee the person paid and the fee that would otherwise be payable by the person; and (b) make an order to enforce the order for the payment. (5) An order under subregulation (4)(b) may include orders relating to the future conduct of the proceedings to which the fees relate or the effect of anything that has been done in respect of the proceedings until the sum ordered to be paid has been paid. [Regulation 8B inserted: Gazette 14 Jun 2016 p. 1886‑7.] 8C. Refunds (1) A judicial officer or legally qualified registrar presiding in a proceeding may order the refund of the difference between the amount of a fee paid by a person in respect of the proceeding and the amount of the fee that the person was entitled to be charged under these regulations in respect of the proceedings. (2) The Principal Registrar may refund to a person the amount of a fee, or part of a fee, paid by the person if the amount was paid in error. [Regulation 8C inserted: Gazette 14 Jun 2016 p. 1887.] 8D. Waiving fee for copy of document or transcript The Court or a registrar may waive a fee referred to in Schedule 1 item 15(a) or 16 if the Court or registrar is satisfied that the waiving of the fee would assist in the efficient operation of the Court. [Regulation 8D inserted: Gazette 14 Jun 2016 p. 1887‑8.] 8E. Conventions If, by a Convention that applies to the State, it is provided that a fee is not required to be paid in respect of specified proceedings, the fees referred to in regulation 4 are not to be taken in respect of those proceedings. [Regulation 8E inserted: Gazette 14 Jul 2017 p. 3949.] 9. Allocation of hearing date — Schedule 1 items 7 and 8 (1) In this regulation — fee means the fee referred to in Schedule 1 item 7 or 8. (2) The fee is not payable in relation to interlocutory proceedings. (3) The number of days for which the fee is payable is the number of days the District Court determines are to be allocated for the hearing. (4) If the Court determines that half a day or less is to be allocated for the hearing, the fee is reduced by half. (5) The proceeding may be listed for hearing before the fee is paid. (5A) The fee is payable after the Court makes an order (the listing order) allocating the dates for hearing the proceeding and must be paid by — (a) if the Court makes an order setting the day by which the fee is to be paid — the day set by the Court; or (b) if the Court does not make an order mentioned in paragraph (a) — by the day that is 14 days after the day on which the Court makes the listing order. (5B) If the fee is not paid by the day provided under subregulation (5A), the Court may vacate the dates allocated for hearing the proceeding. (6) The fee paid is not refundable except as provided in subregulations (7), (8) and (9). (7) If the matter is settled and the Court receives written notice of the settlement the following percentage of the fee paid is to be refunded — (a) if notice is received 42 days or more before the first date allocated for the hearing date, 75%; (b) if notice is received 28 days or more before that date, 50%. (7A) If the hearing is vacated and relisted, any fee paid in respect of the dates for the hearing must be transferred to the relisted dates. (8) If the hearing is vacated before the first date allocated for the hearing and it is not relisted, the following percentage of the fee paid must be refunded — (a) if the Court or registrar is satisfied the reason for the vacation is beyond the control of the parties, 100%; (b) otherwise, if the vacation occurs — (i) 42 days or more before the first date allocated for the hearing, 75%; or (ii) 28 days or more before that date, 50%. (9) If the hearing is vacated after it has commenced and it is not relisted, and the Court or registrar is satisfied the reason for the vacation is beyond the control of the parties, the fee paid in respect of dates after the date of the vacation must be refunded. [Regulation 9 inserted: Gazette 28 Apr 2005 p. 1752‑3; amended: Gazette 20 Dec 2011 p. 5380; 14 Jul 2017 p. 3950; 20 Jul 2018 p. 2626; SL 2023/120 r. 16; SL 2024/32 r. 4; SL 2024/261 r. 5.] 10. Schedule 1 item 8 fee If a fee is to be paid under Schedule 1 item 8, the hearing must not be reconvened until that fee has been paid. [Regulation 10 inserted: SL 2024/261 r. 6.] 11. Recovery of unpaid fees Any unpaid fee is a debt due to the State and may be recovered by action in a court of competent jurisdiction. [Regulation 11 inserted: Gazette 28 Apr 2005 p. 1753.] 11A. Searchable information (1) In this regulation and Schedule 1 items 12 and 13 — approved recipient means a person who is approved in writing by the Attorney General as a person entitled to receive searchable information; searchable information, in relation to an action or matter, means — (a) the names and addresses of the parties; and (b) the amount and nature of the claim; and (c) the amount of any judgment entered; and (d) whether the action or matter has been discontinued. (2) Except as provided in subregulation (4), the Principal Registrar must on each working day provide an approved recipient with such searchable information that has not already been provided to the recipient in relation to each action or matter in the District Court. (3) An approved recipient to whom information has been provided under subregulation (2) is liable to a fee in the amount referred to in Schedule 1 item 13(a) for each action or matter specified in the information. (4) If suitable facilities exist at the Court to enable searchable information to be provided by email, then the information must not be provided except by email to an approved recipient who has paid the annual fee referred to in Schedule 1 item 13(b). [Regulation 11A inserted: Gazette 28 Apr 2005 p. 1754; amended: Gazette 14 Jun 2016 p. 1888; 9 Sep 2016 p. 3886; SL 2024/32 r. 6.] [12. Deleted: SL 2024/32 r. 7.] Schedule 1 — Registry fees [r. 4] [Heading inserted: SL 2024/113 r. 15.] Column B Column C Column A Fee for entity Fee for eligible individual Item Matter Fee for individual or eligible entity $ $ $ 1. On filing an originating process by which a cause, matter or other proceeding in the Court is commenced, other than proceedings of the kind referred to in item 2, 3, 4, 5 or 9 1 271.00 2 477.00 100.00 2. On filing an application for an extraordinary licence under the Road Traffic (Authorisation to Drive) Act 2008 section 27 255.00 N/A 76.50 3. On filing an application for an order made under the Spent Convictions Act 1988 section 6(1) 185.50 N/A 55.50 4. On filing — (a) a counterclaim 1 271.00 2 477.00 100.00 (b) a third party notice 1 271.00 2 477.00 100.00 (c) an application — 478.00 825.00 100.00 (i) to extend a period of time fixed by law, including an application to extend time before proceedings are commenced (ii) to limit a period of time within which proceedings may be taken 478.00 825.00 100.00 (iii) for leave to serve a writ or notice of a writ out of jurisdiction 478.00 825.00 100.00 (d) an application for leave to appeal Nil Nil Nil (e) another application for which no fee has been provided in this Schedule 478.00 825.00 100.00 5. On filing — 720.00 1 863.00 100.00 (a) an appeal notice (b) for each additional half day allocated for the hearing of the appeal 558.00 1 450.00 100.00 Notes for this item: 1. The fee in paragraph (a) includes a directions hearing and the first half day allocated by the Court for the hearing of the appeal. 2. The fee in paragraph (b) is payable for each half day, allocated by the Court for the hearing of the appeal, that is additional to the first half day of hearing. 3. Under the District Court Rules 2005 rule 56A, if the fee payable under paragraph (b) is not paid within 14 days after the date on which the hearing date is set, the appeal may be dismissed for want of prosecution. 6. Entry of a cause or matter for hearing (including the assessment of damages in an action for personal injury) or entry of notice of an appointment to hear an originating summons 1 271.00 2 477.00 100.00 Note for this item: This item does not apply to entering an appeal for hearing. 7. Allocation of hearing date, for each day allocated 1 115.00 2 904.00 100.00 Notes for this item: 1. See regulation 9. 2. This item does not apply to the allocation of a hearing date for an appeal. 8. Daily hearing fee before a court constituted by a judge 1 115.00 2 904.00 100.00 Notes for this item: 1. No fee is payable if the proceedings are of an interlocutory nature only. 2. The fee to be charged is to be paid in respect of the number of hearing days or half days greater than the number of hearing days for which a fee has been paid under item 5 or 7. 3. If the Court only allocates a half day or less for the continuation of the hearing then a fee equal to half the prescribed amount is payable for that period. 4. The daily fee becomes payable on a day‑to‑day basis and is payable prior to the daily reconvening of the hearing. 9. On filing, before a judge or registrar in chambers — (a) an interlocutory application, summons or motion returnable 318.00 622.00 95.50 (b) an application for assessment of damages other than in an action for personal injury 318.00 622.00 95.50 (c) an application for summary judgment 318.00 622.00 95.50 Notes for this item: 1. The fee includes the first day of hearing of the application, summons or motion and includes an adjournment of the hearing. 2. The fee is payable in respect of an application exercising liberty to apply to relist. 10. If the hearing of a matter to which item 9 applies is listed for more than 1 day and proceeds for more than the number of days listed, the fee prescribed in item 9 is payable for each additional day or part day of hearing Note for this item: The daily fee becomes payable on a day‑to‑day basis and is payable prior to the daily reconvening of the hearing. 11. On an appointment to tax a bill of costs in a cause or matter or under the Commercial Arbitration Act 2012 — (a) lodgment fee 318.00 622.00 95.50 (b) in addition to the lodgment fee — a taxing fee at the rate of 2.50% 2.50% 0.00% Notes for this item: 1. The % rate is to be applied to the amount at which the bill is drawn. 2. The taxing officer must allow, against the person chargeable with the costs as taxed, taxing fees at the rate indicated in paragraph (b) of the amount found to be due on taxation. 3. If the parties agree on the bill of costs in a cause or matter or under the Commercial Arbitration Act 2012 and the appointment is cancelled, the following percentage of the fee paid is to be refunded — (a) if the appointment is cancelled less than 3 days before the day of the appointment — nil; (b) if the appointment is cancelled 3 days or more and less than 10 days before the day of the appointment — 50%; (c) if the appointment is cancelled 10 days or more before the day of the appointment — 80%. 12. For searching a record or proceeding 64.50 64.50 19.35 Note for this item: No fee is payable under this item for a search made — (a) by or on behalf of a party to the proceedings; or (b) by an approved recipient of searchable information provided to it under regulation 11A. 13. For provision of searchable information to approved recipients under regulation 11A — (a) fee per action or matter provided to approved recipient 2.85 2.85 0.85 (b) annual fee for information provided by email to approved recipient 2 921.00 2 921.00 100.00 Note for this item: The fee under paragraph (b) is payable on the date on which the recipient is approved by the Attorney General and on each anniversary of that date. 14. (a) On an application for the production of records or documents that are required to be produced to any court, tribunal, arbitrator or umpire 94.50 94.50 28.30 (b) If an officer is required to attend at a court or place out of the District Court building — (i) the officer's reasonable expenses 142.50 142.50 42.80 (ii) in addition, for each hour the officer is necessarily absent from the officer's office 15. (a) For a copy of a document of any kind or an exhibit, including marking as an office copy if required, for each page or part of a page 2.70 2.70 0.80 (b) For a copy of reasons for judgment — (i) for each copy issued to a person who is not a party to the proceedings 22.40 22.40 6.70 (ii) for each copy in excess of 1 copy issued to a party to the proceedings 22.40 22.40 6.70 (iii) for each copy consisting of 10 or more pages, an additional fee per page 2.85 2.85 0.85 (c) For certifying under seal that a document is a true copy — an additional fee 29.50 29.50 8.85 (d) For a certificate under the hand of a registrar 56.50 56.50 16.95 16. (a) For providing a transcript, or part of a transcript — (i) provided within 1 day after the day on which the fee is paid 29.70 plus 29.70 plus 8.90 plus 12.25 per page 24.50 per page 3.65 per page (ii) provided within 2 days after the day on which the fee is paid 29.70 plus 29.70 plus 8.90 plus 11.25 per page 22.40 per page 3.40 per page (iii) provided within 4 days after the day on which the fee is paid 29.70 plus 29.70 plus 8.90 plus 10.60 per page 21.40 per page 3.20 per page (iv) provided within 7 days after the day on which the fee is paid 29.70 plus 29.70 plus 8.90 plus 10.25 per page 20.40 per page 3.05 per page (v) provided within 14 days after the day on which the fee is paid 29.70 plus 29.70 plus 8.90 plus 8.65 per page 17.35 per page 2.60 per page (vi) provided on a running basis (i.e. periodically throughout or following the day of the proceedings) 29.70 plus 29.70 plus 8.90 plus 13.00 per page 26.00 per page 3.90 per page (b) For providing a copy of a transcript, or part of a transcript, if the transcript or part has been provided to the person requesting the copy — (i) electronic format 31.00 per copy 31.00 per copy 9.30 per copy (ii) paper copy 3.10 per page 3.10 per page 0.95 per page [Schedule 1 inserted: SL 2024/113 r. 15; amended: SL 2024/261 r. 7.] Schedule 2 — Sheriff's fees [r. 4] [Heading inserted: SL 2024/113 r. 15.] Item Matter Fee $ 1. On the execution of an arrest warrant of any kind — (a) for arresting the person 205.00 (b) for conveying the person to a court or a custodial place and releasing the person from arrest or custody 203.00 (c) for each 30 minutes after 2 hours and 30 minutes that an enforcement officer, as defined in the Civil Judgments Enforcement Act 2004 section 3, is required to keep the person in custody until the person is conveyed to a court or a custodial place 53.50 Notes for this item: 1. The fee under paragraph (a) is payable whether or not the Sheriff's functions under the warrant are performed and includes up to 3 attempts to perform the functions at the same address. 2. The fee under paragraph (a) includes the costs of — (a) receiving and printing the warrant; and (b) attendances and inquiries before attempting arrest; and (c) giving any notice; and (d) making any report. 2. For the service of a writ, application, summons, originating process, notice or order of the Court or other process requiring service 114.00 Notes for this item: 1. The fee is payable whether or not the service is successful and covers up to 3 attempts at service at the same address. 2. The fee includes the costs of receiving and printing the process. 3. If it is necessary to travel to execute a warrant or other process, or on service of a writ, summons, order of the Court, other process or document, or on making an arrest or for all attempts, attendances and inspections, from the Sheriff's office or nearest bailiff's office — (a) for each kilometre travelled (1 way) in the metropolitan region 2.60 (b) for each kilometre travelled (1 way) outside the metropolitan region 2.90 Note for this item: If more than 1 process or document is executed or served by the Sheriff or a bailiff at the same time on the same person, or on different persons at the same address, only 1 fee for kilometres travelled is chargeable. 4. Fee to the Sheriff for attending a view — per hour or part of an hour 107.00 5. (a) For striking a jury and preparing a jury panel 345.00 (b) For attendance of Sheriff's officer at hearing (per day or part of a day) The reasonable amount paid [Schedule 2 inserted: SL 2024/113 r. 15.] Schedule 3 — Forms [r. 4A(1), 5A(1), 6(4) and 8(2)] [Heading amended: Gazette 14 Jun 2016 p. 1900; SL 2024/261 r. 8(1).] Form 1 Declaration that a person is a small business or a non‑profit association In the District Court of Western Australia No. of 2 Plaintiff: ........................................................................................................ Defendant: ........................................................................................................ Applicant: ........................................................................................... Full name ........................................................................................... Address ........................................................................................... Name of small business ........................................................................................... Position held by applicant in the small business I declare that the person in respect of which the application is made is a small business 1 or a non‑profit association 2 within the meaning of that term in the District Court (Fees) Regulations 2002. Signature of applicant: Date: Note: A person who makes a statement or representation in this application that the person knows or has reason to believe is false or misleading in a material particular commits an offence under the District Court (Fees) Regulations 2002 regulation 8B(1). 1 Under the District Court (Fees) Regulations 2002 regulation 3 a small business is — a business undertaking that is wholly owned and operated by an individual or individuals in partnership and has less than 20 full‑time equivalent employees and partners; a corporation that has less than 20 full‑time equivalent employees and that is not a subsidiary of a corporation that has 20 or more full‑time equivalent employees; a co‑operative as defined in the Co‑operatives Act 2009 that has less than 20 full‑time equivalent employees and that is not a subsidiary of another co‑operative or corporation that has 20 or more full‑time equivalent employees; or a corporation within the meaning of the Statutory Corporations (Liability of Directors) Act 1996 that has less than 20 full‑time equivalent employees and that is not a body that would be a subsidiary, if the corporation were a corporation to which the Corporations Act 2001 (Commonwealth) applies, of a corporation within the meaning of the Corporations Act 2001 (Commonwealth) or the Statutory Corporations (Liability of Directors) Act 1996 that has 20 or more full‑time equivalent employees. 2 Under the District Court (Fees) Regulations 2002 regulation 3 a non‑profit association is a society, club, institution, or body that is not for the purpose of trading or securing pecuniary profit for its members from its transactions. [Form 1 amended: Gazette 30 Dec 2003 p. 5707‑8; 14 Jun 2016 p. 1900.] Form 2 Application for the purposes of reducing or deferring a fee In the District Court of Western Australia No. of 2 Plaintiff/Appellant*: (*strike out word that is not applicable) Defendant/Respondent*: (*strike out word that is not applicable) Please indicate if your application relates to*: (*select 1 or both) ❑ Reducing a fee ❑ Deferring a fee Fee type for which application is made: ❑ Application fee ❑ Hearing fee ❑ Transcription fee ❑ Other (please describe below) Concession Card Holder: ❑ Yes ❑ No Pension Concession Card Number: Health Care Card Number: Grant of Legal Aid under a legal aid scheme or service ❑ Yes ❑ No Applicant Details: Full Name: Please indicate your party type: ❑ Individual ❑ Entity Address: Date of Birth: Please give supporting reasons for your application (attach a separate page if required). If the reasons include financial hardship you must complete the information on the following pages. I certify that the above information and disclosures in this form are true and correct. Applicant's Signature Dated: *Note: A person who makes a statement or representation in this application that the person knows or has reason to believe is false or misleading in a material particular commits an offence under the District Court (Fees) Regulations 2002 regulation 8B(1). COURT SEAL FINANCIAL DETAILS: APPLICANT WHO IS AN INDIVIDUAL If the reasons for application include financial hardship, the following sections of the form must be completed by the applicant if the applicant is an individual. Occupation: Employer: Employer's Address: Marital Status: ❑ single ❑ married ❑ partner ❑ de facto ❑ separated Dependants: ❑ dependant wife/husband/partner/de facto ____ (number of) dependant children INCOME AND FINANCIAL ASSETS DETAILS Income / financial assets (net) Self Partner Total Wage / salary / benefit $ $ $ Money in financial institution $ $ $ Cash $ $ $ Income from investments $ $ $ Other income $ $ $ Money loaned and to be repaid $ $ $ Total $ $ $ EXPENDITURE DETAILS Expenditure Self Partner Total Rent / board $ $ $ Mortgage payment $ $ $ Maintenance for dependants $ $ $ Food $ $ $ Utilities (gas / electricity) $ $ $ Telephone $ $ $ Water $ $ $ Rates and taxes $ $ $ Court orders $ $ $ Credit card/s $ $ $ Other debts (provide details) $ $ $ ______________________ Total $ $ $ TOTAL INCOME TOTAL EXPENDITURE $ $ ASSETS VALUE House or other property (provide addresses) $ Year: Motor Vehicles (car, utility, motorcycle, truck etc.) 1 Make: $ Model: Registration Number: Year: 2 Make: $ Model: Registration Number: Other assets (provide details) $ TOTAL ASSET VALUE $ HOME CONTENTS (please complete appropriate box where applicable) Television DVD player Computers Other Dishwasher Micro electronic wave $ $ $ devices $ $ ____ $ Furniture Other collectables Other assets Collection of coins, stamps etc. Interests in business or company $ $ $ $ $ LIABILITIES TOTAL Mortgage to: $ Other to: $ Time to Pay Order: $ TOTAL LIABILITIES $ FINANCIAL DETAILS: APPLICANT WHO IS NOT AN INDIVIDUAL If the reasons for application include financial hardship, the following sections of the form must be completed by the applicant if the applicant is an entity. Income $ Assets $ Liabilities $ TOTAL $ [Form 2 inserted: Gazette 14 Jun 2016 p. 1900‑5; amended: Gazette 20 Jul 2018 p. 2626; SL 2024/261 r. 8(2).] Form 3 Application for determination of dispute about fees In the District Court of Western Australia No. of 20 Plaintiff: ........................................................................................................ Defendant: ........................................................................................................ Application: To the Principal Registrar for a determination under s. 89A(3) of the District Court of Western Australia Act 1969 of a question regarding fees. Applicant: ........................................................................................... Full name ........................................................................................... Address ........................................... ........................................... Date of birth MDL No. The disputed fee is for ...................................................... Disputed fee: ........................................................................................... ........................................................................................... Payable under the District Court (Fees) Regulations 2002 Schedule 1 item ................................... I dispute — ❑ that the fee is payable ❑ the amount of the fee ❑ other [give details] ....................................................... ................................................................................. I dispute the fee because .................................................................................... ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ Signature of applicant: Date: / /20 [Form 3 inserted: Gazette 28 Apr 2005 p. 1757.] Notes This is a compilation of the District Court (Fees) Regulations 2002 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. Compilation table Citation Published Commencement District Court (Fees) Regulations 2002 27 Dec 2001 p. 6617‑43 1 Jan 2002 (see r. 2) Equality of Status Subsidiary Legislation Amendment Regulations 2003 Pt. 11 30 Jun 2003 p. 2581‑638 1 Jul 2003 (see r. 2 and Gazette 30 Jun 2003 p. 2579) District Court (Fees) Amendment Regulations 2003 30 Dec 2003 p. 5702‑9 1 Jan 2004 (see r. 2) District Court (Fees) Amendment Regulations 2005 2 28 Apr 2005 p. 1751‑7 1 May 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7128) District Court (Fees) Amendment Regulations (No. 2) 2005 23 Jun 2005 p. 2690‑2 1 Jul 2005 (see r. 2) District Court (Fees) Amendment Regulations 2006 23 Jun 2006 p. 2187‑9 1 Jul 2006 (see r. 2) Reprint 1: The District Court (Fees) Regulations 2002 as at 8 Dec 2006 (includes amendments listed above) District Court (Fees) Amendment Regulations 2007 26 Jun 2007 p. 3035‑7 r. 1 and 2: 26 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)) District Court (Fees) Amendment Regulations 2008 27 Jun 2008 p. 3062‑4 r. 1 and 2: 27 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b)) District Court (Fees) Amendment Regulations 2009 9 Jun 2009 p. 1923 r. 1 and 2: 9 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Jun 2009 (see r. 2(b)) District Court (Fees) Amendment Regulations (No. 2) 2009 4 Sep 2009 p. 3488‑90 r. 1 and 2: 4 Sep 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Sep 2009 (see r. 2(b)) Reprint 2: The District Court (Fees) Regulations 2002 as at 25 Sep 2009 (includes amendments listed above) District Court (Fees) Amendment Regulations 2010 30 Jul 2010 p. 3497-8 r. 1 and 2: 30 Jul 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Jul 2010 (see r. 2(b)) District Court (Fees) Amendment Regulations 2011 8 Mar 2011 p. 784‑7 r. 1 and 2: 8 Mar 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Mar 2011 (see r. 2(b)) District Court (Fees) Amendment Regulations (No. 2) 2011 20 Dec 2011 p. 5380‑3 r. 1 and 2: 20 Dec 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Dec 2011 (see r. 2(b)) District Court (Fees) Amendment Regulations 2012 27 Mar 2012 p. 1506 r. 1 and 2: 27 Mar 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Mar 2012 (see r. 2(b)) District Court (Fees) Amendment Regulations (No. 3) 2012 30 Nov 2012 p. 5788‑90 r. 1 and 2: 30 Nov 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2012 (see r. 2(b)) District Court (Fees) Amendment Regulations 2013 19 Jul 2013 p. 3267‑8 r. 1 and 2: 19 Jul 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Aug 2013 (see r. 2(b) and Gazette 6 Aug 2013 p. 3677) District Court (Fees) Amendment Regulations (No. 2) 2013 15 Nov 2013 p. 5243‑5 r. 1 and 2: 15 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Nov 2013 (see r. 2(b)) District Court (Fees) Amendment Regulations (No. 3) 2014 27 Jun 2014 p. 2338-40 r. 1 and 2: 27 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)(i)) Reprint 3: The District Court (Fees) Regulations 2002 as at 7 Nov 2014 (includes amendments listed above) District Court (Fees) Amendment Regulations 2015 10 Feb 2015 p. 607 r. 1 and 2: 10 Feb 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and Gazette 17 Apr 2015 p. 1371) District Court (Fees) Amendment Regulations (No. 2) 2015 19 Jun 2015 p. 2119‑22 r. 1 and 2: 19 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)(i)) Attorney General Regulations Amendment (Fees) Regulations 2016 Pt. 5 14 Jun 2016 p. 1849‑986 (as amended by Gazette 9 Sep 2016 p. 3886) 4 Jul 2016 (see r. 2(b)) District Court (Fees) Amendment Regulations (No. 2) 2016 Pt. 2 9 Sep 2016 p. 3886 10 Sep 2016 (see r. 2(b)) Attorney General Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 5 7 Jul 2017 p. 3721‑98 8 Jul 2017 (see r. 2(b)(ii)) District Court (Fees) Amendment Regulations 2017 14 Jul 2017 p. 3949‑50 r. 1 and 2: 14 Jul 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Jul 2017 (see r. 2(b)) Attorney General Regulations Amendment (Bailiff Fees) Regulations 2018 Pt. 4 9 Feb 2018 p. 401‑5 10 Feb 2018 (see r. 2(b)) Attorney General Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 5 15 Jun 2018 p. 1963‑2049 1 Jul 2018 (see r. 2(b)) Justice Regulations Amendment (Fee Relief) Regulations 2018 Pt. 5 20 Jul 2018 p. 2621‑30 21 Jul 2018 (see r. 2(b)) Attorney General Regulations Amendment (Transcript Fees) Regulations 2018 Pt. 4 7 Dec 2018 p. 4667‑74 18 Dec 2018 (see r. 2(b)(i)) Attorney General Regulations Amendment (Transcript Fees) Regulations 2019 Pt. 4 12 Mar 2019 p. 666‑9 13 Mar 2019 (see r. 2(b)) Attorney General Regulations Amendment (Fees and Charges) Regulations 2019 Pt. 6 28 Jun 2019 p. 2553‑642 1 Jul 2019 (see r. 2(b)) Attorney General Regulations Amendment (Fees and Charges) Regulations 2020 Pt. 5 SL 2020/124 31 Jul 2020 1 Aug 2020 (see r. 2(b)) Attorney General Regulations Amendment (Fees and Charges) Regulations 2021 Pt. 6 SL 2021/101 1 Jul 2021 (see r. 2(b)) 29 Jun 2021 Attorney General Regulations Amendment (Fees) Regulations 2021 Pt. 3 SL 2021/155 10 Sep 2021 11 Sep 2021 (see r. 2(b)) Attorney General Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 7 SL 2022/111 1 Jul 2022 (see r. 2(b)) 30 Jun 2022 Attorney General Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 7 SL 2023/120 2 Aug 2023 3 Aug 2023 (see r. 2(b)) District Court (Fees) Amendment Regulations 2024 SL 2024/32 7 Mar 2024 r. 1 and 2: 7 Mar 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 8 Mar 2024 (see r. 2(b)) Attorney General Regulations Amendment (Fees and Charges) Regulations 2024 Pt. 7 SL 2024/113 26 Jun 2024 1 Jul 2024 (see. r 2(b)) Court Fees Regulation Amendment Regulations 2024 Pt. 3 SL 2024/174 21 Aug 2024 1 Sep 2024 (see r. 2(b)) District Court (Fees) Amendment Regulations (No. 2) 2024 SL 2024/261 11 Dec 2024 r. 1 and 2: 11 Dec 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Dec 2024 (see r. 2(b)) Other notes 1 Repealed by the District Court Rules 2005. 2 The District Court (Fees) Amendment Regulations 2005 r. 13 reads as follows: 13. Transitional: recognised reporting services A recognised reporting service approved by the Attorney General immediately before the date on which these regulations commenced is taken to have been approved as a person entitled to receive searchable information on that date. Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) approved recipient 11A(1) Centrelink 7(1) corporation 3 eligible entity 3 eligible entity fee 3 eligible individual 3 eligible individual fee 3 entity 3 fee 9(1) individual 3 listing order 9(5A) metropolitan region 3 non-profit association 3 person 3 Rules 3 searchable information 11A(1) small business 3 subsidiary 3 © State of Western Australia 2024. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2024. By Authority: GEOFF O. LAWN, Government Printer