Supreme Court of Judicature (Protection from Harassment) Rules 2021 · As enacted · Part 3 · Standard Proceedings
61. Costs, disbursements and fees for PH proceedings
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The fees in the Fourth Schedule to the Rules of Court applicable to a Magistrate’s Court apply in relation to PH proceedings in the Protection from Harassment Court, despite the Protection from Harassment Court being a District Court.
Subject to paragraph (3), the costs and disbursements awarded to a person who commenced PH proceedings in accordance with Part 3 in any court on or after 1 April 2022, when those proceedings could have been commenced in accordance with Part 2 instead, must not exceed the costs and disbursements which would have been awarded if the proceedings were conducted under Part 2.
Paragraph (2) does not apply if the court is satisfied there was reason to believe that it was just, expeditious and economical to do so instead of commencing the proceedings in accordance with Part 2.
Subregulation 1
The fees in the Fourth Schedule to the Rules of Court applicable to a Magistrate’s Court apply in relation to PH proceedings in the Protection from Harassment Court, despite the Protection from Harassment Court being a District Court.
Subregulation 2
Subject to paragraph (3), the costs and disbursements awarded to a person who commenced PH proceedings in accordance with Part 3 in any court on or after 1 April 2022, when those proceedings could have been commenced in accordance with Part 2 instead, must not exceed the costs and disbursements which would have been awarded if the proceedings were conducted under Part 2.
Subregulation 3
Paragraph (2) does not apply if the court is satisfied there was reason to believe that it was just, expeditious and economical to do so instead of commencing the proceedings in accordance with Part 2.