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Court Fees (Amendment) Act 2002

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Court Fees (Amendment) Act 2002
Court Fees (Amendment) Act 2002 Section 1





No. 15 of 2002
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Page 1



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COURT FEES (AMENDMENT) ACT 2002

No. 15 of 2002

AN ACT TO AMEND THE COURT FEES ACT

I assent,
TAUFA'AHAU TUPOU IV,

20th December, 2002

[15th of August 2002]

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

1.
(1) This Act may be cited as the Court Fees (Amendment) Act 2002.
(2) The Court Fees Act (Cap. 12), as amended, is in this Act referred to as

the Principal Act.

2. Schedule to the Principal Act is repealed by the following Schedule:

“SCHEDULE OF COURT FEES


PART I - COURT OF APPEAL,

PRIVY COUNCIL













Section 2 Court Fees (Amendment) Act 2002





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1. On Filing copies of Notice of Appeal and Petition 120.00

2. Subpoena 4.50

3. Application for the Issue of any


relief or order not being final judgment 36.00

4. Service of Notice of Appeal and


Petition on each respondent 12.00

5. Service of Subpoena or any other


process on each person served 7.50

6. Distress, Injunction, or other Order


not being a final Judgment 48.00

7. Notice 18.00

8. Certificate of taxation 14.75











PART II SUPREME COURT

CIVIL JURISDICTION













9. Summons & Statement of claim 60.00

10. Defence 7.50

11. Counterclaim 15.00

12. Defence counterclaim 7.50

13. Subpoena 4.50

14. Distraint 24.00

15. Service of process (on each person served) 7.50

16. All applications to the Court (whether granted or not) 9.25

Court Fees (Amendment) Act 2002 Section 2





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17. Injunction or other Order not being a final judgment 14.25

18. Affidavit 6.00

19. Eviction Order 24.00

20. Filing of any other document 4.50

21. Certificate of taxation 14.75











PROBATE AND ADMINISTRATION













22. Grant of Probate or Letters of Administration of Estate




Not exceeding $2,000 30.00


For each additional $1000 or part thereof 12.00

23. Summons -


Amount in dispute not exceeding $100 12.00




Amount in dispute exceeding $100 for every
additional $200 and for any remainder 12.00

24. Service of process (on each person served) 7.50

25. Application to take out Letters of Administration and Probate 6.00

26. Affidavit 6.00

27. Registration of Will 2.25

28. Application to reseal a grant of Probate or letter of Administration 6.00

29. Resealing Probate or Letters of Administration (Same fee as for a grant)



30. Subpoena 4.50

31. Distraint -


Amount not exceeding $100 12.00

Amount exceeding $100 but not exceeding $250 18.00

Section 2 Court Fees (Amendment) Act 2002





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Amount exceeding $250 24.00

32. Search for any document filed in the Supreme Court 6.00

33. (All other fees as in Civil Proceedings)











DIVORCE













34. Petition for Divorce 60.00

35. Answer 7.50

36. (All other fees as in Civil Proceedings)











PART III -MAGISTRATES'

COURTS





CIVIL JURISDICTION













37. Summons -


Amount in dispute not exceeding $100 4.50




Amount in dispute exceeding $100 but not exceeding
$250 9.75




Amount in dispute exceeding $250 but not exceeding
$400 19.50


Amount in dispute exceeding $400 24.00

38. Service of process (on each person served) 7.50

39. Subpoena 4.50

Court Fees (Amendment) Act 2002 Section 2





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40. Distraint -


Amount not exceeding $20 2.25


Amount exceeding $20 but not exceeding $100 6.00


Amount exceeding $100 but not exceeding $250 9.75


Amount exceeding $250 12.00

41. Affidavit (except affidavit of service) 6.00

42. Search for any document filed in the Magistrates' Court 6.00











CRIMINAL JURISDICTION







(Where the Prosecutor is an individual)











43. Summons 4.50

44. Service of process (on each person served) 7.50

45. Subpoena 4.50

46. Distraint (same as Item No. 40)

47. Certified copy of Conviction 1.00

48. Search Warrant 7.50











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)













Section 2 Court Fees (Amendment) Act 2002





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49. Summons 4.50

50. Subpoena 4.50

51. Services of process (on each person served) 7.50

52. Distraint (same as Item No. 40)











APPEALS TO SUPREME COURT













53. In any Civil Matter 30.00

54. In any Criminal Matter 30.00

55. In any Revenue Case 30.00











PART IV -ALL COURTS, ALL

JURISDICTIONS













56. Sealed copy of Judgment, per page or part page 1.00

57. Evidence


Where transcription is required, per page or part page 3.00


Where photocopying is required, per page or part page .50

58. Photocopy of any document filed in court-


Where sealed 1.00


Where not sealed .50










Court Fees (Amendment) Act 2002 Section 2





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PART V -RECIPROCAL
ENFORCEMENT OF

JUDGMENTS













59. Application under rule 3 (including affidavit) 24.00


Every supplemental affidavit 12.00

60. Registration 7.50

61. Issue of Certificate of Registration 12.00

62. Filing of Affidavit under Rule 6 (1) or (3) 12.00

63. Summons to set aside Registration (including affidavit) under Rule 8 24.00

64. Notice of Appeal Rule (5) 120.00

65. Application under Rule 7 (including affidavit) 18.00

66. Certified Copy of Judgment, per page or part page 1.00

67. (Other fees as appropriate in Parts I & II)










NOTE: Reference to Rules in this Part are to the Reciprocal Enforcement of Judgments Rules
which may be found amongst the Subsidiary Legislation to Cap. 14.











PART VI -MAINTENANCE OF

ILLEGITIMATE CHILDREN













68. Application for Letters of Adoption 9.75

69. Letters of Adoption 24.00

70. Affidavit Complaint on oath 6.00

71. Order of Affiliation or Maintenance 5.00

Section 2 Court Fees (Amendment) Act 2002





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72. All other fees as in Part III of this Schedule, relating to Magistrates' Court.





Passed by the Legislative Assembly this 15th day of August, 2002.