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Solomon Islands Court Rules |
SOLOMON ISLANDS
CONSTITUTION
SOLOMON ISLANDS COURTS (CIVIL PROCEDURE)
(AMENDMENT) RULES 2010
These Rules are made -
(a) pursuant to section 90 of the Constitution by the Rules Committee; and
(b) pursuant to section 76 of the Magistrate's Courts Act (Cap.20), section 115 of the Bankruptcy Act (Cap.3), and section 5 of the Foreign Judgments (Reciprocal Enforcement) Act (Cap. 13) by the Chief Justice -
Citation and commencement
1. These Rules may be cited as the Solomon Islands Courts (Civil Procedure) (Amendment) Rules 2010, and commence on the date upon which
they are approved by Parliament, pursuant to section 90 of the Constitution.
Schedule 1 replaced
2. The Solomon Islands Courts (Civil Procedure) Rules 2007 are amended by revoking Schedule 1 and substituting the following Schedule
1 set out in these Rules.
Application
3. These Rules apply to any fees paid after the commencement of these Rules.
Revocation
4. (1) The High Court Fees Rules 2003 are revoked.
(2) The court fees prescribed in the High Court (Civil Procedure) Rules 1964 and Magistrates' Courts (Civil Procedure) Rules 1969
are repealed and replaced with the fees set out in Schedule I set out in these Rules.
______________________
"Schedule I
(Rule 20.6)
FEES PAYABLE IN THE REGISTRY
| Item | Description of fee | High Court | Magistrate's Courts |
| Starting Proceedings | |||
| | | | |
| 1. | Application for divorce, adoption, probate and any other proceedings dealing solely with family matters. | $85 | $35 |
| 2. | Application for registration of a foreign judgment. | $1700 | Not in jurisdiction |
| 3. | Application not for a money judgment or the delivery of goods or where the claim does not exceed $500. | $395 | $35 |
| 4 | Application or counterclaim where the claim exceeds $500 and does not exceed $2,000 | $395 | $70 |
| 5 | Application or counterclaim where claim exceeds $2,000 and does not exceed $10,000. | $395 | $115 |
| 6 | Application or counterclaim where the claim exceeds $10,000 and does not exceed $25,000. | $790 | $250 |
| 7 | Application or counterclaim where the claim exceeds $25,000 and does not exceed $50,000. | $510 | $400 |
| 8 | Application or counterclaim where the claim exceeds$50,000 and does not exceed$100,000. | $790 | $400 |
| 9 | Application or counterclaim where the claim exceeds $100,000 and does not exceed $500,000 | | |
| | | | |
| 10 | Application or counterclaim where the claim exceeds $500,000 | $1700 | $400 |
| 11 | National Parliamentary electoral petitions | $2000 | Not in jurisdiction |
| 12 | Other electoral petitions | $850 | Not in jurisdiction |
| 13 | Creditors petition | $1150 | Not in jurisdiction |
| 14 | Bankruptcy notice | $350 | Not in jurisdiction |
| 15 | Debtors petition | No fee | Not in jurisdiction |
| 16 | $1700 | Not in jurisdiction | |
| 17 | Filing an application to renew an application/claim | $280 | $70 |
| Appeals | |||
| | | | |
| 18 | Application in a else to review a decision of a registrar | $225 | Not in jurisdiction |
| 19 | Appeal from the decision of a Magistrate's Court or tribunal | $680 | Not in jurisdiction |
| 20 | Appeal under the Land & Titles Act | $850 | Not in jurisdiction |
| Interlocutory Applications | |||
| | | | |
| 21 | Application in a case where consent orders, or other orders not requiring attendance at court, are sought; or any application in a
case concerning a child or children. | Free | Free |
| 22 | Application in a case seeking an injunction, seizing order or freezing order or similar order. | $500 | $55 |
| 23 | Application or application in a case returnable before the registrar. | $85 | Not in jurisdiction |
| 24 | Any other application in a case, including an application issued before proceedings are commenced by application. | $150 | $35 |
| 25 | Summons | $85 | $30 |
| 26 | Trial fee to be paid within 14 days after the day on which a date for hearing is first fixed by the court - for each day allocated
by the court. | $170 | Free |
| 27 | Assessment of costs by a registrar | 5% of amount claimed for costs | Not in jurisdiction |
| 28 | Enforcement order for judgment debt less than $25,000. | $55 | $55 |
| 28 | Enforcement order for judgment debt more than $25,000 and less than $50,000 | $85 | $85 |
| 30 | Enforcement order for judgement debt more than $50,000 and less than $100,000. debt more than $100,000 | $110 | Not in jurisdiction |
| 31 | Enforcement order for judgement debt more than $100,000. | $140 | Not in jurisdiction |
| 32 | Sheriff's fees payable on execution of an enforcement order. | Reasonable actual costs of execution, including travel, accommodation, sustenance, advertising, storage, auction, transport and all
other associated disbursements plus 5% of the net amount recovered after deduction of costs of execution. | Reasonable costs of execution, including travel, accommodation, sustenance, advertising, storage, auction, transport and all other
associated disbursement plus 5% of the net amount plus amount recovered after deduction of costs of execution |
| 33 | Service by the Sheriff within the limits of Honiara town | $115 | S15 |
| 34 | Service by the Sheriff in any other place | $395 and costs of travel and subsistence | $115 and costs of travel and subsistence |
| 35 | Typing - first page | $115 | $115 |
| 36 | Typing - second and later pages | $30 | $30 |
| 37 | Certification of any copy document (in addition to typing or copy fees) | $20 | $20 |
| 38. | Copying - by photocopy or other means, per page | $15 | $15" |
DATED AT HONIARA this thirtieth day of October 2009
JUSTICE EDWIN GOLDSBROUGH
President of the Court of Appeal (AG)
SIR ALBERT R PALMER
CHIEF JUSTICE
MR GABRIEL SURI
ATTORNEY GENERAL
APPROVED by Parliament this twenty-second day of March, 2010.
Taeasi Sanga (Mrs)
Clerk to National Parliament
_______________________________
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