Federal Court of Australia Amendment Regulations 2006 (No. 2) (Cth)

Federal Court of Australia Amendment Regulations 2006 (No. 2)¹

Select Legislative Instrument 2006 No. 234

I, PHILIP MICHAEL JEFFERY, 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 7 September 2006

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

PHILIP RUDDOCK

Attorney‑General

Name of Regulations

These Regulations are the Federal Court of Australia Amendment Regulations 2006 (No. 2).

Commencement

These Regulations commence on 1 October 2006.

Amendment of Federal Court of Australia Regulations 2004

Schedule 1 amends the Federal Court of Australia Regulations 2004.

Schedule 1 Amendment

(regulation 3)

[1] Schedule 1

substitute

Schedule 1 Fees

(regulation 4)

Item	Document or service	Fee
1	Filing of a document by which a proceeding in the Court is commenced, except: (a) a proceeding or application mentioned in item 2, 3 or 11; or (b) an appeal from a judgment of the Court or of another court; or (c) an application for leave or special leave to appeal; or (d) an incidental proceeding in the course of, or in connection with, a proceeding	(a) for a corporation $1 762 (b) in any other case $735
2	Filing of an application under section 46PO or 46PP of the Human Rights and Equal Opportunity Commission Act 1986	$50
3	Filing of an application under section 663 of the Workplace Relations Act 1996	The fee payable under subsection 644 (2) or (3) of the Workplace Relations Act 1996
4	Filing of an election petition under Schedule 4 to the Aboriginal and Torres Strait Islander Commission Act 1989	$30
5	Filing of an affidavit or other document originating an application for leave or special leave to appeal	(a) for a corporation $1 171 (b) in any other case $585
6	Filing of a notice of appeal instituting an appeal from a judgment of the Court or another court where no fee has been paid under item 5	(a) for a corporation $2 936 (b) in any other case $1 469
7	Filing of a notice of appeal instituting an appeal from a decision of the Administrative Appeals Tribunal	(a) for a corporation $2 936 (b) in any other case $1 469
8	Filing of a notice of appeal in a proceeding in relation to which a fee has been paid under item 5	(a) for a corporation $1 765 (b) in any other case $882
9	Filing of an application to review a decision of the Registrar, under subsection 35A (5) of the Act	(a) for a corporation $718 (b) in any other case $359
10	Filing of a notice of motion	(a) for a corporation $540 (b) in any other case $270
11	Filing of an application for an order for substituted service of a bankruptcy notice	(a) for a corporation $361 (b) in any other case $181
12	Filing of a cross‑claim	(a) for a corporation $1 762 (b) in any other case $735
13	Setting down for hearing a proceeding (including an application, appeal, cross‑claim or cross‑appeal) or an issue in question in a proceeding	(a) for a corporation $2 936 (b) in any other case $1 469
14	For the hearing of an application (including a cross‑claim) under subsection 35A (5) of the Act (review of exercise of power of the Registrar) — for each half day, or part of a half day	(a) for a corporation $586 (b) in any other case $293
15	For the hearing of an application (including a cross‑claim) other than an application mentioned in item 14, an issue or question in such an application or an appeal (including a cross‑appeal) — for each day, or part of a day, other than the first day of hearing	(a) for a corporation $1 174 (b) in any other case $585
16	On request, making of a copy or copies of a document or documents filed in, lodged with, or produced to, the Court (regardless of the number of documents to which the request relates)	(a) for the request $3 (b) for each page $1 included in a copy made in accordance with the request
17	For each service or execution, or attempted service or execution, of process of the Court by an officer of the Court	An amount equal to the amount of any expenses reasonably incurred by that officer in the service or execution, or attempted service or execution, of the process, together with a charge calculated at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution
18	For the seizure and sale of goods by an officer of the Court in the execution of process of the Court (except in relation to a proceeding under the Admiralty Act 1988)	$639
19	For issuing a subpoena to produce or give evidence	$60
20	For taxation of a bill of costs in which the amount claimed in the bill is $10 000 or less	$698
21	For taxation of a bill of costs in which the amount claimed in the bill is more than $10 000	$1 674
22	For mediation by a court officer — for the first attendance at the mediation	(a) for a corporation $735 (b) in any other case $367
23	On request, production of files of the Court relating to a proceeding or purported proceeding (unless request is by, or on behalf of, a party to the proceeding or purported proceeding) for search and inspection	$29

Note The fees specified in this Schedule (except the fees mentioned in items 2, 3 and 17) are subject to biennial increase under regulation 8.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See