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S.I. No. 444/2004 - Supreme Court and High Court (Fees) Order 2004
Table of Provisions (70)
Statutory Text (70 Articles)
1. A percentage on the clear annual income of each minor taken into the wardship of the High Court shall be payable at the same rates as apply to the incomes of wards of court who are of unsound mind, save that the percentage shall be charged only on that part of the clear annual income that exceeds €900.
2. Where a minor has an interest in property, the Registrar of Wards of Court may apportion as remuneration for any services rendered by the minor in connection therewith such part of the profits accruing to him from the property as appears to the Registrar to be reasonable and no percentage shall be charged on the amount thus apportioned.
PART 3
Calculation, Collection and Disposal
The rules heretofore in operation under the Lunacy Regulation (Ireland) Act 1871 with respect to the method of calculation, collection and disposal of the percentage charged on the incomes of persons of unsound mind shall continue to apply to the percentage charged on such incomes under this Order and shall apply likewise or in an analogous manner to the percentage charged on the incomes of minors under this Order. Where, in any such rule, reference is made to the death of a person of unsound mind, the reference shall, in its application to a minor, include a reference to the minor's attaining the age of 18.
GIVEN under my Official Seal, 12 July, 2004.
MICHAEL McDOWELL,
Minister for Justice, Equality and Law Reform.
The Minister for Finance consents to the making of the foregoing Order.
GIVEN under my Official Seal, 15 July, 2004.
CHARLIE McCREEVY,
Minister for Finance.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This order revokes the Supreme Court and High Court (Fees) Order, 2003 (
S.I. No. 89 of 2003
).
The Order provides for the fees to be charged with effect from 01 August, 2004 in the Office of the Registrar of the Supreme Court, the Central Office, the Examiner's Office, the Office of the Official Assignee in Bankruptcy, the Taxing Master's Office, the Accountant's Office, the Office of Wards of Court, the Probate Office and District Probate Registries.
In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings.
3. Any fractional part of €1.00 in the amount of a percentage shall be disregarded and shall not be levied or paid.
PART 2
Minor Percentage
4. For every Consent to withdrawal of — caveats, warnings, etc.
€15.00
The consent
5. For filing any other Document (except those filed at time of lodgement of full set of papers) of application for a grant
€10.00
The document
6. For every Notice of Change of Solicitor
€20.00
The notice
7. Fees payable on a Primary Grant of Representation where the net value of the Estate does not exceed
The court fee card
€75,000
€100.00
€87,500
€110.00
€100,000
€120.00
€112,500
€125,000
€125.00
€135.00
for every €31,250 or fraction thereof by which the value exceeds €125,000 a further fee of
€12
(e.g. €156,250
€187,500)
(€147.00
€159.00 (etc.)
8. For every double, cessate, unadministered or duplicate grant of representation
€100.00
The court fee card
9. Where any grant is sought by personal application
the total fee payable (inclusive of the Court fee) shall be double the appropriate amount chargeable under item 8 or item 9, as applicable
The court fee card
10. For every affidavit not filed at the time of lodgement of a full set of application papers for a grant
€15.00
The affidavit
11. For lodging or re-entering any motion paper, whether
ex parte
or on notice
€15.00
The motion paper
12. For every first copy of a court order or side bar order
€15.00
(This fee shall not be chargeable where the order is made in chambers pursuant to
section 36
of the
succession Act, 1965
and the copy is bespoken by the intended grantee or his solicitor)
The copy order
13. On lodgement of a corrective affidavit
The correct fee under item No. 8 less the amount of the fee previously charged
The copy affidavit
14. For the entry of any caveat
€10.00
The caveat
15. For filing any warning, citation or subpoena or any appearance to any warning, citation or subpoena
€10.00
The original document (except citation where copy stamped)
16. For the subduction of any caveat
€5.00
The caveat book
17. For the subduction of any application
€5.00
The notice of application
18. For settling any advertisement in connection with a citation or otherwise
€10.00
The affidavit
19. For every search made by an applicant for a will or for any record of a grant or any other document filed in the Probate Office or in a District Probate Registry, including the inspection of any original will or codicil or any record of a grant
€5.00
The search docket
20. For every similar search made by an Officer of the Probate Office or of a District Probate Registry for which the officer is requested to search
€10.00
The search docket
21. For all searches made on any one day by the representative of a newspaper or group of newspapers
€20.00
The search docket
(The representative must state on the search docket his name and that of the newspaper or group of newspapers which he represents)
22. For any official copy of any will, grant or other document (other than an Inland Revenue affidavit)
€6.00
The copy
23. For a certified copy of any will, grant or other document (other than an Inland Revenue affidavit)
€10.00
The copy
24. For a sealed and certified copy will or grant
€10.00
The copy
25. For a sealed and certified copy will and grant bespoken at the same time
€15.00
The copy grant
26. For making an attested copy of an Inland Revenue affidavit
€10.00
The copy
SCHEDULE 2
PERCENTAGES PAYABLE IN THE OFFICE OF THE WARDS OF COURT
PART I
Lunacy Percentages
27. On settling—
The scheme
(
a
) a scheme for the management of a charity, or a scheme where the amount involved does not exceed €1,500.00,
€60.00
(
b
) any other scheme
€120.00
The scheme
28. On signing, settling or approving—
(
a
) any advertisement, or authority for a broadcast announcement, for any person entitled as next-of-kin, heir-at-law or otherwise to share in any property
(i) for the first advertisement or authority signed in respect of any person or persons
€65.00
The posting
(ii) for any subsequent advertisement or authority signed in respect of the person or persons,
€35.00
The posting
(
b
) any other advertisement
€35.00
The posting
29. On the examination of a witness—
The order of appointment
(
a
) before an officer of the Court in his office (otherwise than for the purpose of any inquiry, taxation of costs or other proceedings before the officer) — for each hour or part of an hour
€15.00 and an amount equal to the reasonable expenses of the officer
(
b
) by an officer away from his office — for each day or part of a day
€60.00 and an amount equal to the reasonable expenses of the officer
The order of appointment
H Searches and Inspections
30. On an application to inspect any document filed or deposited in the Central Office more than three years before such application, unless otherwise expressly provided for by this Order
€10.00
(not to be charged if a copy of the document is be spoken)
The search docket
31. On a memorandum for the registration of—
(
a
) a decree of the District Court
€10.00
The memorandum
(
b
) a judgment of the Circuit Court
€15.00
The memorandum
(
c
) a judgment of the High Court
€20.00
The memorandum
32. On a memorandum for the re-entry of a judgment, decree, order or rule pursuant to the Judgments (Ireland) Act 1844
€10.00
The memorandum
33. On a memorandum for the registration of a
lis pendens
pursuant to the said Act
€10.00
The memorandum
34. On a memorandum for the re-entry of a
lis pendens
pursuant to the said Act
€10.00
The memorandum
35. On a requisition for liberty to search pursuant to the said Act — for each person searched against
€10.00
(not to be charged if a requisition for an official search is lodged)
The search docket
36. On a memorandum for registration of the satisfaction or vacate of any judgment, bond or recognizance, decree, rule or order or for the re-docketing of any bonds or recognizances pursuant to the Land Transfer (Ireland) Act 1848
€10.00
The memorandum
37. On a requisition for a search for judgments or revivals entered up before 15 July 1850, and for decrees, rules, orders or civil bill decrees for poor rates made before 15 July 1850, and for
lites pendentes
registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person
€20.00
The requisition
38. On a requisition for a search for judgments, revivals, decrees, rules, orders,
lites pendentes
and civil bill decrees for poor rates registered or re-registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person
€20.00
The requisition
39. On a requisition for a duplicate of a search pursuant to the Judgments Registry (Ireland) Act 1871
€20.00
The requisition
40. On a memorandum of vacate of a
lis pendens
€10.00
The memorandum
I Bill of Sale
41. On filing a bill of sale
€15.00
The filed copy
42. For a search in the bills of sale index
€6.00
(not to be charged if a copy of a bill of sale is bespoken)
The search docket
43. For inspecting any bill of sale
€6.00
(not to be charged if a copy of a bill of sale is bespoken)
The search docket
J Bonds, etc
.
44. On filing any recognizance or bond in the Central Office and giving a certificate thereof.
€15.00
The recognizance or bond
K Powers of Attorney
45. On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act 1881
€15.00
The power of attorney
46. For a search for a power of attorney so deposited, and for inspecting the same and the affidavit or other documents deposited therewith
€6.00
(not to be charged if a copy is be spoken)
The search docket
L Enrolment
47. On enrolling any deed or document — for each 10 folios or part of 10 folios
€30.00
The deed or document
M Admiralty
48. On a certificate under Order 64, Rule 46, paragraph 9, of the Rules of the Superior Courts
€35.00
The certificate or court fee card
49. On issuing any instrument under Order 64, Rule 56, of the rules of the Superior Courts
€45.00
The instrument
50. On appointing and swearing appraisers
€45.00
The certificate of appraisement
51. On delivering up a ship or goods to a purchaser
€65.00
The order
52. On the sale of a ship or goods — for every €100.00 or fraction of €100.00 of the price
€12.00
The order
53. For attending the discharge of a cargo or the removal of a ship or goods, per day
€65.00
The certificate of execution
54. For retaining possession of a ship with or without a cargo, or of a ship's cargo without a ship, per day
€4.00
The instrument of release
55. For executing a warrant or commission
€45.00
The warrant or commission
56. For releasing a ship and cargo, or either of them
€25.00 and an amount equal to—
The instrument of release
(
a
) the reasonable expenses per day of supplying a shipkeeper or shipkeepers where such is or are employed;
(
b
) the reasonable travelling and subsistence expenses of the officer for the time being exercising the functions formerly exercised by the Admiralty Marshal, if such officer is required, for the purpose of carrying out any of the above duties, to travel more than five miles from his office.
N Bankruptcy
57. On every petition of bankruptcy
€70.00
The petition
58. On every petition of arrangement
€70.00
The petition
59. On every petition under Part VI of the
Bankruptcy Act 1988
€70.00
The petition
60. On every bankruptcy summons
€70.00
The summons
61. On every bond, with or without sureties
€12.00
The bond
62. On every
subpoena
or summons (other than a bankruptcy summons)
€12.00
The subpoena or summons
63. On every affidavit
€12.00
The affidavit
64. On filing a notice of motion or a notice of intention to show cause
€18.00
The notice
65. On filing a charge or discharge
€18.00
The charge or discharge
66. For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter
€6.00
The search docket
67. On commission to examine a witness
€12.00
The order
68. On making a plain copy of any document or form
€1.00 per page
The court fee card
O Petitions, Applications and Appeals under the Solicitors Acts 1954 to 2002
69. On lodging a notice of motion of application or a notice or motion of appeal under the Solicitors Acts 1954 to 2002 or on presenting a petition under Part III of Order 53 of the Rules of the Superior Courts
€90.00
The notice or petition
PART 4
Fees Payable in the Accountant's Office
Item
Fees
Document to be stamped
(1)
(2)
(3)
I, MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by
section 65
of the
Courts of Justice Act 1936
(No. 48 of 1936) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 (
S.I. No. 298 of 1997
)), with the consent of the Minister for Finance, hereby order as follows