13.32: Fees and allowances
13.36: Fee waiver: legal aid
13.37: Fee waiver: restraining orders
13.38: Judge’s fiat
13.39: Court officers

Case Summary

The Defendant brought an Application to have the Court waive the Court Fees for applying for transcripts. The Attorney General opposed the Application on the basis that the Court does not have the jurisdiction to grant the Order requested and that explicit authority to waive Court Fees is given only to the Court Clerk or Registrar. Veit J. found that Rule 13.32 specifically provides the Court Clerk with the authority to waive Court Fees and that Rule 13.38 does not allow the Court to circumvent the clear intention of this Rule by granting a Fiat ordering the Clerk to waive the Court Fees. Despite this Rule, Veit J. applied the cases of Polewski v Home Hardware Stores Ltd [2003] OJ No 2908, and Purtle v Novak [2010] OJ No 4401, and found that the Court has the authority to grant access to justice by waiving Court Fees. However, the Court may only intervene where the Applicant has established a meritorious claim. Veit J. held that the Defendant did not have a meritorious claim, and denied the Application.

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