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Tonga Sessional Legislation |
TONGA
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 |
| 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 final 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 For each additional $1000 or part thereof | 43.00 20.00 |
| 23. | Summons- Amount in dispute not exceeding $100 Amount in dispute exceeding $100 for every additional $200 and for any remainder 20.00 | 20.00 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) 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 |
| | 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 page Where photocopying is required, per page or part page | 5.00 1.00 |
| 58. | Photocopy of any document filed in court - Where sealed Where not sealed | 2.00 1.00 |
| | PART V - RECIPROCAL ENFORCEMENT OF JUDGMENTS | |
| 59. | Application under rule 3 (including affidavit) Every supplemental affidavit | 41.00 21.00 |
| 60 | Registration | 13.00 |
| 61 | Issue of Certificate of Registration | 21.00 |
| 62 | Filing of Affidavit under Rule 6(1) or (3) | 13.00 |
| 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 & 11) | |
| NOTE: Reference to Rules in this Part are to the Reciprocal 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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