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Costs

Malta

In this case study on family law – alimony, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations: Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this. Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (State B). They have a three year old child. They separate. A court decision in Member State B gives the child’s custody to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they establish their residence. An outstanding dispute remains. This relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this in Member State A.

Costs in Malta

Costs for Court, Appeals and Alternative Dispute Resolution

Case Study	Court			Appeals			ADR
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees	Is this option open for this type of case?	Costs
Case A	€181.68	N/A	N/A	€98.99	N/A	€116.47	Yes
Case B	€181.68	N/A	N/A	98.99		€116.47	No

Costs for lawyer, bailiff and expert

Case Study	Lawyer		Bailiff			Expert
	Is representation compulsory?	Average costs	Is representation compulsory?	Pre-judgement costs	Post-judgement costs	Is use compulsory?	Cost
Case A	Yes	0.5% of alimony payable for a period of 10 years which fees may be raised to 1% by mutual agreement between client and lawyer, provided that any fee in excess of the established 0.5% is not recoverable from the other party.	Not compulsory	N/A	N/A	No	N/A
Case B	Yes	Depends on amount claimed	Not compulsory	N/A	N/A	No	N/A

Costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security		Other fees
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost	Description	Cost
Case A	No	N/A	Precautionary warrant against the amount demanded	€23.28	N/A	N/A
Case B	No	N/A	Precautionary warrant against the amount demanded	€23.28	N/A	N/A

Costs for legal aid and other reimbursement

Case study	Legal Aid
	When and under what conditions is it applicable?	When is support total?	Conditions?
Case A	Legal Aid applies if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property.	N/A	N/A
Case B	Legal Aid is applicable if the person lives on social benefits or minimum wage, and if he/she does not possess more than one property.	N/A	N/A

Case study	Reimbursement
	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total, what is percent-age in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	YES	Depends on the outcome of the judgement	Private consultation with the lawyers (extra-judiciary costs)	N/A
Case B	YES	Depends on the outcome of the judgement	Private consultation with the lawyers (extra-judiciary costs)	N/A

Costs for translation and interpretation

Case study	Translation		Interpretation		Other costs specific to cross-border disputes?
	When and under what conditions is it necessary?	Approximate cost?	When and under what conditions is it necessary?	Approximate cost?	Description	Approximate cost?
Case A	A translation is only made upon the request of either one of the parties involved. Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense.	€17.47 (the flat rate paid as registry fee for each translation)	Applies only when a witness is neither Maltese nor English speaking	Between €11.65 and €58.23/hour	Costs incurred notifying the party residing abroad	Depends on the fees charged by other member states
Case B	A translation is only made upon the request of either one of the parties involved. Translation is done from Maltese to English or vice versa only. Translations into other languages are to be provided by parties at their own expense.	€17.47 (the flat rate paid as registry fee for each translation)	Applies only when a witness is neither Maltese nor English speaking	Between €11.65 and €58.23/hour	Costs incurred notifying the party residing abroad	Depends on the fees charged by other member states

Last update: 02/11/2020

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