Magistrates Court (Fees) Regulations 2005 (WA)

Western Australia Magistrates Court Act 2004 Magistrates Court (Fees) Regulations 2005 Western Australia Magistrates Court (Fees) Regulations 2005 Contents 1. Citation 1 2. Commencement 1 3. Terms used 1 4. General fees 1 5A. Fees for small businesses and non‑profit associations 1 5. Exemptions 1 6. Certain fees subject to conditions 1 6A. Certain application and transcript fees must be waived 1 6B. Certain application fees may be waived 1 7. Fees to be paid before documents etc. filed 1 8. Who is an eligible individual or eligible entity 1 9A. Application to be recognised as eligible individual or eligible entity 1 9B. Recognition as eligible individual or eligible entity 1 9C. False or misleading statements 1 9D. Refunds 1 10. Fee for allocation of hearing dates etc. (Sch. 1 Div. 2 it. 5), when to be paid 1 11. Half daily hearing fee (Sch. 1 Div. 2 it. 6) 1 12. Court information, fees for 1 13. Disputes as to fees, determination of 1 14. Unpaid fees, recovery of 1 15. Transitional provisions 1 Schedule 1 — Fees Division 1 — General Division 2 — Civil jurisdiction Division 3 — Criminal jurisdiction Schedule 2 — Forms 1. Declaration that a person is a small business or a non‑profit association 1 3. Application for determination of dispute about fees 1 Notes Compilation table 1 Other notes 1 Defined terms Magistrates Court Act 2004 Magistrates Court (Fees) Regulations 2005

1. Citation These regulations are the Magistrates Court (Fees) Regulations 2005.

2. Commencement These regulations come into operation on the day on which the Magistrates Court Act 2004 comes into operation or on the day of their publication in the Gazette, whichever is the later.

3. Terms used In these regulations unless the contrary intention appears — case statement has the meaning given to that term in the Magistrates Court (Civil Proceedings) Act 2004 section 3(1); claim has the meaning given to that term in the Magistrates Court (Civil Proceedings) Act 2004 section 3(1); claimant means a person who commences a case as defined in the Magistrates Court (Civil Proceedings) Act 2004 section 3(1); corporation has the meaning given by section 57A of the Corporations Act 2001 of the Commonwealth; counterclaim has the meaning given to that term in the Magistrates Court (Civil Proceedings) Act 2004 section 9(1); eligible entity means an entity referred to in regulation 8(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 8(2); eligible individual fee, in relation to a matter specified in an item in Schedule 1 means the fee shown in column C for that item; enforcement officer has the meaning given to that term in the Civil Judgments Enforcement Act 2004 section 3; entity does not include an individual; Form, if followed by a number, means the form of that number in Schedule 2 completed in accordance with these regulations; 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); minor cases procedure has the meaning given to that term in the Magistrates Court (Civil Proceedings) Act 2004 section 3(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; party means a party to a case as defined in the Magistrates Court (Civil Proceedings) Act 2004 section 3(1); person means an individual or an entity; prosecution notice has the meaning given to that term in the Criminal Procedure Act 2004 section 3(1); small business means — (a) an individual or individuals in partnership who wholly own and operate a business undertaking that has less than 20 full‑time equivalent employees and partners; (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 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; (d) 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 meaning given to that term in section 9 of the Corporations Act 2001 of the Commonwealth. [Regulation 3 amended: Gazette 23 Jun 2006 p. 2178; 14 Jun 2016 p. 1909‑10; SL 2021/119 r. 4; SL 2022/114 r. 9; SL 2023/120 r. 27.]