Court Fees (Amendment) Act 2010

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2410CourtFees(Amendment)Act2010


Act No. 24 of 2010




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COURT FEES (AMENDMENT) ACT 2010

Court Fees (Amendment) Act 2010 Section 1





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Act No. 24 of 2010 Page 3




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COURT FEES (AMENDMENT) ACT 2010
Act No. 24 of 2010

AN ACT TO AMEND THE COURT FEES ACT

I assent,
GEORGE TUPOU V,

27th August 2010.


BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature
of the Kingdom as follows:
________________________________________________________________

1 Citation

(1) This Act may be cited as the Court Fees (Amendment) Act 2010.

(2) In this Act, the Court Fees Act (Cap. 12), as amended, is referred to as the
Principal Act.

2 Schedules Replaced

The Principal Act is amended by repealing the Schedule and replacing it with the
following:


“ SCHEDULE

FEES OF COURT

PART I – COURT OF APPEAL, PRIVY COUNCIL

$
1. On Filing copies of Notice of Appeal and Petition 207.00
2. Subpoena 8.00

Section 2 Court Fees (Amendment) Act 2010





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3. Application for the Issue of any relief or order not being
final judgment 62.00

4. Service of Notice of Appeal and Petition on each respondent 21.00
5. Service of Subpoena or any other process on each person served 13.00
6. Distress, Injunction, or other Order not being a fin l Judgment 82.00
7. Notice 30.00
8. Certificate of taxation 26.00

PART II – SUPREME COURT

CIVIL JURISDICTION

9. Summons & Statement of Claim 116.00
10. Defence 13.00
11. Counterclaim 29.00
12. Defence counterclaim 13.00
13. Subpoena 8.00
14. Distraint 41.00
15. Service of process (on each person served) 13.00
16. All applications to the Court (whether granted or not) 16.00
17. Injunction or other Order not being a final judgment 24.00
18. Affidavit 10.00
19. Eviction Order 41.00
20. Filing of any other document 8.00
21. Certificate of taxation 25.00


PROBATE AND ADMINISTRATION

22. Grant of Probate or Letters of Administration of Estate
Not exceeding $2,000 43.00
For each additional $1000 or part thereof 20.00
23. Summons-
Amount in dispute not exceeding $100 20.00
Amount in dispute exceeding $100 for every additional
$200 and for any remainder 20.00
24. Service of process (on each person served) 13.00
25. Application to take out Letters of Administration and Probate 10.00
26. Affidavit 10.00
27. Registration of Will 4.00
28. Application to reseal a grant of Probate or letter of Administration 10.00
29. Resealing Probate or Letters of Administration (Same fee as for a grant)
30. Subpoena 8.00
31. Distraint 43.00
32. Search for any document filed in the Supreme Court 10.00
33. (All other fees as in Civil Proceedings)

Court Fees (Amendment) Act 2010 Section 2





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DIVORCE

34. Petition for Divorce 103.00
35. Answer 13.00
36. (All other fees as in Civil Proceedings)


PART III – MAGISTRATES’ COURTS

CIVIL JURISDICTION

37. Summons 69.00
38. Service of process (on each person served) 13.00
39. Subpoena 8.00
40. Distraint 43.00
41. Affidavit (except affidavit of service) 10.00
42. Search for any document filed in the Magistrates’ Court 10.00


CRIMINAL JURISDICTION

(Where the Prosecutor is an individual)

43. Summons 8.00
44. Service of process (on each person served) 13.00
45. Subpoena 8.00
46. Distraint (same as Item No. 40)
47. Certified copy of Conviction 2.00
48. Search Warrant 13.00


REVENUE CASES


(i.e. Cases in respect of Offences against the Laws relating to the collection
of Revenue; Charges and Claims in respect of Horse Tax, Dog Tax and
Licence Fees)


49. Summons 8.00
50. Subpoena 8.00
51. Services of process (on each person served) 13.00
52. Distraint (same as Item No. 40)


APPEALS TO SUPREME COURT

53. In any Civil Matter 52.00
54. In any Criminal Matter 52.00
55. In any Revenue Case 52.00

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PART IV – ALL COURTS, ALL JURISDICTIONS


56. Sealed copy of Judgment, per page or part page 2.00
57. Evidence -
Where transcription is required, per page or part ge 5.00
Where photocopying is required, per page or part page 1.00
58. Photocopy of any document filed in court –
Where sealed 2.00
Where not sealed 1.00

PART V – RECIPROCAL ENFORCEMENT OF JUDGMENTS


59. Application under rule 3 (including affidavit) 41.00
Every supplemental affidavit 21.00
60. Registration 13.00
61. Issue of Certificate of Registration 21.00
62. Filing of Affidavit under Rule 6(1) or (3) 21.00
63. Summons to set aside Registration (including affidavit) under Rule 8 41.00
64. Notice of Appeal Rule 6(5) 207.00
65. Application under Rule 7 (including affidavit) 31.00
66. Certified Copy of Judgment, per page or part page 2.00
67. (Other fees as appropriate in Parts I & II)

NOTE: Reference to Rules in this Part are to the Recipro al Enforcement of
Judgments Rules

PART VI – MAINTENANCE OF ILLEGITIMATE CHILDREN


68. Application for Letters of Adoption 17.00
69. Letters of Adoption 41.00
70. Affidavit Complaint on oath 10.00
71. Order of Affiliation or Maintenance 9.00







Passed by the Legislative Assembly this 12th day of August 2010.

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