Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
fee means the fee referred to in Schedule 1
item 6.
(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 is
not to be listed for hearing until the fee has been paid or has been waived or
deferred under regulation 7.
(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%.
(8) If the hearing is
adjourned before the first date allocated for the hearing the following
percentage of the fee paid is to be refunded or transferred to the date or
dates allocated for the adjourned hearing —
(a) if
the Court or registrar is satisfied the reason for the adjournment is beyond
the control of the parties, 100%;
(b)
otherwise, if the adjournment 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
adjourned after it has commenced and the Court or registrar is satisfied the
reason for the adjournment is beyond the control of the parties, the fee paid
in respect of dates after the date of the adjournment is to be refunded or
transferred to the date or dates allocated for the adjourned hearing.
[Regulation 9 inserted in Gazette
28 Apr 2005 p. 1752‑3; amended in Gazette
20 Dec 2011 p. 5380.]