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Definitions of terms used
Declaratory relief—a judgement of a court which determines the legal rights of parties on a matter in controversy without ordering anything be done or awarding damages.
Party—a party is an individual, corporation or other entity that has:
- started a civil or criminal court proceeding
- had a civil or criminal proceeding started against them
- later joined in a civil or criminal court proceeding as a party.
Plaintiff—the party who starts an action in the courts.
Seal (documents)—an impression on paper (e.g. a stamp) used to show the document is valid, acknowledged or witnessed.
Serve (documents)—delivery of legal documents officially notifying the intended receiver that a legal action or proceeding involving them has been started.
Liquidated debt
A liquidated debt is a debt where the payment price was known and agreed to by the parties (e.g. a debt for goods sold and delivered, work done, dishonoured cheques or money lent).
For example, if an item was bought for a set price, or work was done at an agreed price, and the item or work has not been paid for.
Costs
Your costs are what you spend on your claim (e.g. money spent on solicitors, filing documents with the court, employing someone to serve the documents, business name or company searches). In the Supreme and District courts, you may be subject to setting down and hearing fees if your matter proceeds to trial. You should get legal advice about what costs you are entitled to claim.
If your claim is successful you may be entitled to have your costs repaid. If your claim is not successful you will most likely have to pay the defendant’s costs.
Filing fees
Magistrates court fees
These filing fees are from the full list of magistrates court fees.
| Amount of claim | Fee—Individual* | Fee—Entity* |
|---|---|---|
| Up to $2500 | $197.50 | $197.50 |
| Up to $10,000 | $273.30 | $273.30 |
| Up to $50,000 | $293.40 | $293.40 |
| Up to $100,000 | $376.20 | $590.70 |
| Above $100,000 | $445.50 | $737.20 |
Supreme and district court fees
These are the common filing fees from the full list of supreme court fees and district court fees.
| Court type | Fee—Corporation | Fee—Other |
|---|---|---|
| Supreme court | $3086.70 | $1306.70 |
| District court | $1949.20 | $989.90 |
Examples
Info here.