Federal Court of Australia Amendment Regulations 2001 (No. 1) (Cth)

Federal Court of Australia Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 1722

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Federal Court of Australia Act 1976.

Dated 28 June 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

DARYL WILLIAMS

Attorney-General

1Name of Regulations

 These Regulations are the Federal Court of Australia Amendment Regulations 2001 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Federal Court of Australia Regulations 1978

Schedule 1 amends the Federal Court of Australia Regulations 1978.

Schedule 1Amendments

(regulation 3)

  

[1]Paragraph 2 (4) (c)

substitute

• (c)

  in the case of an individual who is liable to pay the fee — the Registrar, having regard to the income, day to day living expenses, liabilities and assets of the individual, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the individual; or

• (d)

  in the case of a corporation that is liable to pay the fee — the Registrar, having regard to the income, liabilities and assets of the corporation, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the corporation.

[2]Paragraphs 2AA (2) (h) and (i)

substitute

• (h)

  in the case of an individual who is liable to pay the fee — the Registrar, having regard to the income, day to day living expenses, liabilities and assets of the individual, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the individual; or

• (i)

  in the case of a corporation that is liable to pay the fee — the Registrar, having regard to the income, liabilities and assets of the corporation, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the corporation; or

• (j)

  the proceeding is a proceeding in the Court in the exercise by the Court of original jurisdiction vested in it by the Bankruptcy Act 1966.

[3]Paragraphs 2A (2) (g) and (h)

substitute

• (g)

  in the case of an individual who is liable to pay the fee — the Registrar, having regard to the income, day to day living expenses, liabilities and assets of the individual, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the individual; or

• (h)

  in the case of a corporation that is liable to pay the fee — the Registrar, having regard to the income, liabilities and assets of the corporation, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the corporation; or

• (i)

  the proceeding is a proceeding in the Court in the exercise by the Court of original jurisdiction vested in it by the Bankruptcy Act 1966.

[4]Schedule, item 12

substitute

12	On an appointment being given to tax a bill of costs in which the amount claimed in the bill is $10 000 or less	500.00
12A	On an appointment being given to tax a bill of costs in which the amount claimed in the bill is more than $10 000	1 200.00

Notes

1. These Regulations amend Statutory Rules 1978 No. 36, as amended by 1979 No. 43; 1982 No. 245; 1983 No. 339; 1985 No. 178; 1987 Nos. 22, 171 and 198; 1989 Nos. 154 and 328; 1991 No. 448; 1992 No. 405; 1995 No. 417; 1996 Nos. 189, 254, 266 and 321; 1997 Nos. 107 and 249; 1998 No. 55; 2000 Nos. 15, 37, 45 and 244.

2. Notified in the Commonwealth of Australia Gazette