S.I. No. 37/1985 - Circuit Court (Fees) Order, 1985.

S.I. No. 37 of 1985.

CIRCUIT COURT (FEES) ORDER, 1985.

I, MICHAEL NOONAN, Minister for Justice, in exercise of the powers conferred on me by section 65 of the Courts of Justice Act, 1936 (No. 48, of 1936), and with the consent of the Minister for Finance, hereby order as follows:

1. This Order may be cited as the Circuit Court (Fees) Order, 1985.

2. This Order shall come into operation on the 1st day of March, 1985.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. The fees set out in the second column of the Schedule to this Order shall be charged in the Circuit Court Offices in respect of the items set out in the first column.

5. The fee in relation to each item shall be taken by means of a stamp affixed to or impressed on the document indicated in the third column of the Schedule to this Order.

6. Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the officer in the Circuit Court Office who issues or receives the document.

7. The Circuit Court (Fees) Order, 1984 ( S.I. No. 20 of 1984 ), is hereby revoked.

SCHEDULE

FEES IN CIRCUIT COURT OFFICES.

PART I — General.

PART II — Civil Proceedings.

PART III — Equity Proceedings.

PART IV — Proceedings under the Landlord and Tenant Acts.

PART V — Applications and Appeals under the Landlord and Tenant (Ground Rents) Act, 1967 .

PART VI — Proceedings under the Licensing Acts and the Registration of Clubs Acts.

PART VII — Proceedings under the Registration of Title Act.

PART VIII — Appeals under the Valuation Act.

PART IX — Appeals under the Housing Act, 1966 .

PART X — Appeals under the Unfair Dismissals Act, 1977 .

PART XI — Proceedings under certain Family Law Acts.

PART I.

GENERAL.

	Item	Fee	Document to be stamped
1.	On every advertisement ... ...	£5.00	The request for approval or drafting.
2.	On every affidavit filed ... ...	£2.75	The affidavit.
3.	On every affidavit sworn before an officer (in addition to No. 2) ... ...	£1.75	The requisition.
4.	On every attendance of an officer to produce records, for each day or part thereof (in addition to the officers expenses) ... ... ... ...	£11.00	The request for attendance.
5.	On every bond ... ... ...	£2.75	The bond.
6.	On every search ... ... ...	£2.75	The requisition to search.
7.	On every certificate ... ... ...	£2.75	The certificate.
8.	On every copy of any document supplied by the office, for each folio of seventy-two words ... ... ... ...	£0.50	The copy.
9.	For examining a written or printed copy and marking the same as an office copy, per folio of seventy-two words	£0.50	The copy certified.
10.	On every indemnity in a civil case	£2.75	The filed document.
11.	On every order not hereinafter specifically provided for ... ...	£5.00	The requisition.
12.	On every recognizance ... ...	£2.75	The recognizance.
13.	On every witness summons ... ...	£2.75	The requisition for issue.
14.	On every stamping of an unstamped document given in evidence ... ...	£16.50	The requisition to stamp.
15.	On entry of every notice of motion	£5.00	The original notice for filing.
16.	On every notice of trial ... ...	£11.00	The notice.
	TAXATION
	Note: A County Registrar may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him at the full amount thereof.
17.	On a summons to tax, except on an ex parte taxation ... ... ...	£5.50	The summons.
18.	On the taxation of a bill of costs for every full £5 in the amount (including witnesses' expenses) allowed ... ...	£0.50	The bill.
19.	On the issue of a certificate of taxation	£7.25	The certificate.

PART II

CIVIL PROCEEDINGS.

	Item	Fee	Document to be stamped
1.	On the issue of any ordinary civil bill, matrimonial civil bill or summons (including Interpleader, Ejectment, Replevin, civil bills in relation to the grant of revocation of Probate or Letters of Administration and Criminal Injury Applications), irrespective of the amount involved	£14.00	The original civil bill or summons.
2.	On the entry for hearing of any civil bill or summons mentioned at Item 1, or any remitted action ... ...	£2.75	The request for entry.
3.	On the entry of a defence ... ...	£2.75	The request for entry.
4.	On filing every counterclaim or set-off	£2.75	The request for entry.
5.	On every decree or order other than a final order ... ... ... ...	£5.50	The decree or order.
6.	On every decree, dismiss or judgment by consent or default entered in the office (including stamp on requisiton)	£24.00	The original decree, dismiss or judgment.

PART III

EQUITY PROCEEDINGS.

	Item	Fee	Document to be stamped
1.	On the issue of every Equity civil bill or every petition under the Trustee Acts, or in relation to the maintenance, etc., of the property of an infant or person of unsound mind, irrespective of the amount claimed or the value of the subject matter ... ... ... ...	£14.00	The original civil bill or petition.
2.	On the entry for hearing of a civil bill or petition under Item 1 ... ...	£2.75	The request for entry.
3.	On the entry of a defence ... ...	£2.75	The request for entry.
4.	On every decree or order other than a final order made by the Circuit Judge in any proceedings under Item 1 ...	£5.50	The decree or order.
5.	On every final order ... ... ...	£11.00	The order.
6.	On every ex parte or interlocutory order (including all orders for payment of money out of court)	£2.75	The order.
7.	On every affidavit lodging money under the Trustee Acts (inclusive) ... ...	£11.00	The affidavit.

PART IV

PROCEEDINGS UNDER THE LANDLORD AND TENANT ACTS.

	Item	Fee	Document to be stamped
1.	On every application under the Rent Restrictions Act, 1960 or the Landlord and Tenant Acts ... ... ...	£11.00	The application.
2.	On every order of the Court determining the application ... ...	£3.00	The order.
3.	On the entry of a defence ... ...	£3.00	The request for entry.
4.	In addition to the fee at No. 2 on every order of the Court involving a sum of money exceeding £50 for every full £50 in excess of £50 (but the additional fee chargeable in respect of this item shall not in any case exceed £20.00) ... ...	£1.25	The order.

PART V

APPLICATIONS AND APPEALS UNDER THE LANDLORD AND TENANT (GROUND RENTS) ACT, 1967 .

	Item	Fee	Document to be stamped
1.	On every application to a county registrar	£8.50	The application.
2.	On every notice of appeal to the Court	£8.50	The notice.
3.	On every affidavit filed ... ...	£2.20	The affidavit.
4.	On every award, order or other decision	£2.75	The award, order or decision.

PART VI

PROCEEDINGS UNDER THE LICENSING ACTS AND THE REGISTRATION OF CLUBS ACTS.

	Item	Fee	Document to be stamped
1.	On every application for a declaration under the Licensing Acts ... ...	£42.00	The notice.
2.	On every declaration under the Licensing Acts ... ...	£22.00	The declaration.
3.	On every application for a certificate (other than an application consequent on a declaration) under the Licensing Acts ... ... ... ... ...	£83.00	The notice.
4.	On every application for a certificate consequent on a declaration under the Licensing Acts ... ... ...	£22.00	The notice.
5.	On the grant of a certificate for a licence for the sale of intoxicating liquor ...	£27.50	The certificate.
6.	On every application for a declaration under the Registration of Clubs Acts	£50.00	The notice.
7.	On every declaration under the Registration of Clubs Acts ... ...	£34.00	The declaration.

PART VII

PROCEEDINGS UNDER THE REGISTRATION OF TITLE ACT, 1964 .

	Item	Fee	Document to be stamped
1.	On every application ... ... ...	£8.50	The notice.
2.	On every affidavit filed ... ...	£2.75	The affidavit.
3.	On every order of the Court ... ...	£5.50	The order.

PART VIII

APPEALS UNDER THE VALUATION ACTS.

Item	Fee	Document to be stamped
1. On notice of appeal—		The notice.
(a) where the existing rateable valuation does not exceed £30	£8.50
(b) where the existing rateable valuation exceeds £30 but does not exceed £60	£14.00
(c) where the existing rateable valuation exceeds £60 but does not exceed £100	£22.00
(d) where the existing rateable valuation exceeds £100	£42.00
2. On every order of the Court	£5.50	The order.

PART IX

APPEALS UNDER THE HOUSING ACT, 1966 .

	Item	Fee	Document to be stamped
1.	On every appeal ... ... ...	£5.00	Notice of Motion.
2.	On every order of the Court ... ...	£2.75	The order.

PART X

APPEALS UNDER THE UNFAIR DISMISSALS ACT, 1977 .

	Item	Fee	Document to be stamped
1.	On every appeal ... ... ...	£14.00	Notice of appeal.
2.	On every decree, dismiss or judgment	£3.50	The original decree, dismiss, or judgment.
3.	In addition to the fee at 2 above on every decree, dismiss or judgment in respect of a sum of money exceeding £50 for every full £50 in excess of £50 (but the additional fee chargeable in respect of this item shall not exceed in any case £20.00) ... ... ...	£1.25	The original decree, dismiss or judgment.

PART XI

Proceedings under the following:

Illegitimate Children (Affilitation Orders) Act, 1930 (No. 17 of 1930)

Married Womens Status Act, 1957 (No. 5 of 1957)

Guardianship of Infants Act, 1964 (No. 7 of 1964)

Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976)

Family Home Protection Act, 1976 (No. 27 of 1976)

Family Law (Protection of Spouses and Children) Act, 1981 (No. 21 of 1981)

Family Law Act, 1981 (No. 22 of 1981).

	Item	Fee	Document to be stamped
1.	On the issue or entry of every originating application ... ... ... ...	£14.00	The appliation.
2.	On the filing of an answer ... ...	£2.75	The form of answer.
3.	On every order ... ... ...	£7.50	The order.

GIVEN under my Official Seal, this 18th day of February, 1985.

MICHAEL NOONAN,

Minister for Justice.

The Minister for Finance hereby consents to the making of the foregoing order.

GIVEN under the Official Seal of the Minister for Finance this 18th day

of February, 1985.

ALAN M. DUKES,

Minister for Finance.

EXPLANATORY NOTE.

This Order increases, as from 1st March, 1985, the fees to be charged in Circuit Court Offices.

The Order provides that the fees in all cases may be taken by either adhesive stamps or impressed stamps.