A few hours after 45 lawyers filed a judicial protest claiming that higher registration fees being imposed at the law courts were illegal since they were not covered by law, the government published a Legal Notice allowing for the introduction of these increases. Moreover, the increases are backdated to 1 January.
The lawyers said in their judicial protest, which was filed against the Law Courts' director general, the Civil Courts' registrar, the Criminal Courts' registrar, the Justice Minister and the Parliamentary Secretary responsible for Justice, that the higher registration fees started being imposed as from January, despite not being covered by a law. They said the new fees were illegal since the House of Representatives never passed a law introducing them.
The lawyers said the move was also exposing them to legal complications with their clients, by forcing them to ask for fees not covered by the law. They also asked the courts to refund any additional costs they paid.
However, the government seemed to have rectified the situation by publishing the Legal Notice bringing these increases into effect in the evening. Since the increases are backdated, the government has also blocked the lawyers from demanding a refund.
In comments to The Malta Independent, lawyer and PN spokesperson on Justice Jason Azzopardi, who also signed the judicial protest, said it was evident that the Legal Notice was published as a direct reaction to the judicial protest, which had uncovered these illegalities.
Dr Azzopardi blasted Justice Minister Owen Bonnici for introducing backdated taxes, something he said was "unprecedented and unheard of." He said that, irrespective of the amount, taxes should never be backdated. "I expect that the Opposition will fight this in the courts," Dr Azzopardi told this paper.
The PN MP said lawyers were this morning "bewildered" by the government's decision.