Federal Court of Australia Regulations 2004 (Cth)

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Federal Court of Australia Regulations 2004

Statutory Rules 2004 No. 291 as amended

made under the

Federal Court of Australia Act 1976

This compilation was prepared on 25 March 2011

taking into account amendments up to SLI 2011 No. 37

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

Part 1 Preliminary

Part 2 Court fees

Part 2A Remuneration and allowances for jurors and potential jurors

Part 3 Miscellaneous

Part 1Preliminary

1Name of Regulations [see Note 1]

These Regulations are the Federal Court of Australia Regulations 2004.

2Commencement [see Note 1]

These Regulations commence as follows:

  1. (a)

    on 1 November 2004 — all provisions other than item 5 of Schedule 1;

  2. (b)

    on the commencement of item 1 of Schedule 1 to the Law and Justice Legislation Amendment Act 2004 — item 5 of Schedule 1.

3Definitions
  1. (1)

    In these Regulations:

    Act means the Federal Court of Australia Act 1976.

    authorised officer, in relation to a power or function under these Regulations, means an officer of the Court who is authorised by the Registrar to exercise the power or carry out the function.

    corporation means a corporation within the meaning given by section 57A of the Corporations Act 2001.

    filing fee means a fee prescribed by any of items 1 to 14 of Schedule 1.

    full fee means a fee (other than the fee mentioned in item 28 of Schedule 1) that has not been reduced or waived.

    half day means a period of 3 hours in a scheduled hearing day.

    hearing fee means a fee prescribed by item 16, 17, 18 or 19 of Schedule 1.

    notice of motion means an application seeking interlocutory relief, including an interlocutory process within the meaning given by the Federal Court (Corporations) Rules 2000.

    prescribed, in relation to a fee, means prescribed by these Regulations.

    reduced fee means the fee mentioned in item 28 of Schedule 1.

    Registrar means the Registrar appointed under section 18C of the Act and includes:

    1. (a)

      an acting Registrar appointed under section 18M of the Act; and

    2. (b)

      a Deputy Registrar, District Registrar or Deputy District Registrar appointed under section 18N of the Act.

    setting‑down fee means a fee prescribed by item 15 of Schedule 1.

    working day, for a hearing, means a day that is not:

    1. (a)

      a Saturday or Sunday; or

    2. (b)

      a public holiday in the place where the hearing is to take place.

  2. (2)

    A reference in these Regulations to a specified fee is a reference to the specified fee as affected by regulation 8.

    Note Several other words used in these Regulations have the meaning given by section 4 of the Act. For example:

    · Court

    · Full Court

    · Judge

    · juror

    · potential juror

    · proceeding.

Part 2Court fees

4Imposition of fees

Schedule 1 sets out the fees payable, subject to these Regulations, for the following:

  1. (a)

    the filing of a document;

  2. (b)

    an action of:

    1. (i)

      the Court; or

    2. (ii)

      an officer of the Court; or

    3. (iii)

      another person acting on behalf of the Court.

Note Fees are subject to increase under regulation 8.

5Fees other than setting‑down fees and hearing fees – liability to pay
  1. (1)

    Unless the Court, a Judge or the Registrar orders otherwise, a fee specified for filing a document is payable by the person who files the document.

  2. (2)

    Unless the Court, a Judge or the Registrar orders otherwise:

    1. (a)

      a fee specified for an action, other than a setting‑down fee or hearing fee, is payable by the person for whom the action is taken; or

    2. (b)

      if the action taken is the action mentioned in item 26 of Schedule 1 (mediation), the specified fee is payable by the applicant in the proceeding to which that action relates; or

    3. (c)

      if:

      1. (i)

        the action taken is the action mentioned in item 24 or 25 of Schedule 1 (taxation of a bill of costs); and

      2. (ii)

        the bill of costs has been the subject of an estimate under Order 62, paragraph 46 (3) (a) of the Federal Court Rules; and

      3. (iii)

        a party has filed, and served on each other party, a notice of objection under paragraph 46 (3) (c) of that Order; and

      4. (iv)

        the Registrar has directed, under paragraph 46 (3) (e) of that Order, that taxation of the bill proceed;

    the specified fee is payable by the party that filed the notice of objection; or

    1. (d)

      if:

      1. (i)

        the action taken is the action mentioned in item 24 or 25 of Schedule 1 (taxation of a bill of costs); and

      2. (ii)

        the bill of costs has been provisionally taxed under Order 62, paragraph 46 (4) (a) of the Federal Court Rules; and

      3. (iii)

        a party has filed, and served on each other party, a notice requiring a full taxation of the bill under paragraph 46 (4) (c) of that Order;

    the specified fee is payable by the party that filed the notice requiring a full taxation.

6Setting‑down fees – liability to pay
  1. (1)

    The person liable to pay a setting‑down fee is:

    1. (a)

      the applicant or appellant; or

    2. (b)

      if the hearing is for a cross‑claim or cross‑appeal only — the cross‑claimant or cross‑appellant; or

    3. (c)

      if the Court, a Judge or the Registrar so orders:

      1. (i)

        another party to the proceeding; or

      2. (ii)

        each of 2 or more of the parties to the proceeding, including the applicant or appellant, in the proportions ordered.

  2. (2)

    If the fee specified in item 26 of Schedule 1 (the mediation fee) has been paid for mediation in relation to the proceeding, the setting‑down fee is reduced by the amount of the mediation fee.

  3. (3)

    If 2 or more proceedings are set down for hearing together, but the proceedings are not consolidated:

    1. (a)

      1 setting‑down fee only is payable for all the proceedings; and

    2. (b)

      the amount of the setting‑down fee is apportioned equally between the applicants or appellants.

  4. (4)

    In paragraph (1) (a):

    appellant does not include a cross‑appellant.

    applicant does not include a cross‑claimant.

7Hearing fees – liability to pay
  1. (1)

    The person liable to pay a hearing fee is:

    1. (a)

      the applicant or appellant; or

    2. (b)

      if the hearing is for a cross‑claim or cross‑appeal only — the cross‑claimant or cross‑appellant; or

    3. (c)

      if the Court, a Judge or the Registrar so orders:

      1. (i)

        another party to the proceeding; or

      2. (ii)

        each of 2 or more of the parties to the proceeding, including the applicant or appellant, in the proportions ordered.

  2. (2)

    If 2 or more proceedings are set down for hearing together, but the proceedings are not consolidated:

    1. (a)

      1 hearing fee only is payable for all the proceedings; and

    2. (b)

      the amount of the hearing fee is apportioned equally between the applicants or appellants.

  3. (3)

    In paragraph (1) (a):

    appellant does not include a cross‑appellant.

    applicant does not include a cross‑claimant.

8Biennial adjustment of amount of fee

The amount of each fee mentioned in Schedule 1 (other than the fees mentioned in items 2, 3, 4, 21 and 28 of that Schedule) is increased in accordance with Schedule 2 on each biennial anniversary of 1 July 2010.

9When must fees be paid?
  1. (1)

    Subject to regulations 10 and 12, the prescribed fee for the filing of a document in a Registry of the Court, or the provision of a service mentioned in item 23, 24, 25, 26 or 27 of Schedule 1, is payable before the document is filed or the service provided.

  2. (2)

    Subject to regulations 10 and 12, the setting‑down fee applying under these Regulations in relation to a proceeding is payable:

    1. (a)

      if the hearing date is earlier than 30 days after the day on which the proceeding is set down for hearing — within the period specified by the Registrar; or

    2. (b)

      in any other case — within 30 days after a date is fixed for the hearing of the proceeding.

  3. (3)

    Subject to regulations 10 and 12, a hearing fee applying under these Regulations in relation to a proceeding is payable:

    1. (a)

      if the hearing to which the fee relates is set down for a day that is earlier than 2 working days after the document initiating the proceeding is filed — at the time when that document is filed; or

    2. (b)

      if the hearing day is 2 or more working days after the document initiating the proceeding is filed — not later than 2 working days before the hearing day; or

    3. (c)

      if the hearing day is the next working day after an earlier scheduled hearing day for the proceeding — not later than 9.30 am on the later hearing day.

10Deferral of fees
  1. (1)

    Subject to subregulation (2), all or part of the following prescribed fees may be deferred by the Registrar or an authorised officer,

    subject to conditions (if any) determined by the Registrar or the authorised officer:

    1. (a)

      a filing fee, setting‑down fee or hearing fee;

    2. (b)

      the fee for the provision of a service mentioned in item 23, 24, 25, 26 or 27 of Schedule 1;

    3. (c)

      the reduced fee.

  2. (2)

    Deferral is available if:

    1. (a)

      in the opinion of the Registrar or the authorised officer:

      1. (i)

        in the case of a filing fee, the need to file the document is so urgent as to override the requirement to pay the filing fee at the time of filing; or

      2. (ii)

        it would, having regard to the financial circumstances of the person liable to pay the fee, be oppressive or otherwise unreasonable to require payment in accordance with regulation 9; or

    2. (b)

      in the case of a setting‑down fee, the date of the hearing is more than 6 months after the day on which the proceeding is set down for hearing; or

    3. (c)

      the person liable to pay the fee is represented by a practitioner who is acting pro bono.

  3. (3)

    If payment of a fee has been deferred under this regulation, the fee must be paid within 30 days after the date of deferral or such other period as is specified by the Registrar or the authorised officer in writing.

11Exemption from liability to pay fee
  1. (1)

    Subject to subregulation (2), a fee is not payable if it is a fee to which clause 1 of Schedule 3 applies.

  2. (2)

    The fee mentioned in item 20 of Schedule 1 for making copies of a document is payable in all proceedings, unless the fee is:

    1. (a)

      either:

      1. (i)

        a fee to which clause 1 of Schedule 3 applies; or

      2. (ii)

        payable by a person to whom regulation 11A or 11B applies; and

    2. (b)

      either:

      1. (i)

        for a first copy of the document; or

      2. (ii)

        for a copy required for the preparation of appeal papers.

  3. (3)

    A filing fee is not payable:

    1. (a)

      for a proceeding or matter mentioned in clause 2 of Schedule 3; or

    2. (b)

      in respect of a proceeding commenced on or before 31 March 1992 for an action to which item 10 or 11 of Schedule 1 applies.

  4. (4)

    A setting‑down fee is not payable for a proceeding or matter mentioned in clause 3 of Schedule 3.

  5. (5)

    A hearing fee is not payable for a proceeding or matter mentioned in clause 4 of Schedule 3.

11AReduction of fees – general
  1. (1)

    This regulation applies to a person if:

    1. (a)

      the person has been granted legal aid (under a legal aid scheme or service established under Commonwealth, State or Territory law, or approved by the Attorney-General) for the proceeding; or

    2. (b)

      the person has been granted assistance under Part 11 of the Native Title Act 1993 for the proceeding by:

      1. (i)

        a representative body, within the meaning of the Act; or

      2. (ii)

        a person or body to whom money has been granted under section 203FE of that Act for the purpose of enabling the person or body to perform some or all of the functions of a representative body; or

    3. (c)

      the person is:

      1. (i)

        the holder of any of the following cards issued by the Department of Families, Housing, Community Services and Indigenous Affairs:

        1. (A)

          a health care card;

        2. (B)

          a pensioner concession card;

        3. (C)

          a Commonwealth seniors health card; or

      2. (ii)

        the holder of any other card issued by the Department of Families, Housing, Community Services and Indigenous Affairs, or the Department of Veterans’ Affairs, that certifies the holder’s entitlement to Commonwealth health concessions; or

      3. (iii)

        serving a sentence of imprisonment, or otherwise lawfully detained in a public institution; or

      4. (iv)

        aged less than 18 years; or

      5. (v)

        receiving youth allowance or Austudy payment, within the meaning of the Social Security Act 1991; or

      6. (vi)

        receiving benefit under ABSTUDY, within the meaning of the Social Security Act 1991.

  2. (2)

    In paragraph (1) (c), holder, of a card does not include a dependant of the holder.

  3. (3)

    The reduced fee is payable, instead of a full fee, on the first occasion the full fee would otherwise be payable by the person in a proceeding.

  4. (4)

    However, if the full fee for the proceeding mentioned in subregulation (3) is less than the reduced fee, the full fee is payable by the person.

  5. (5)

    If a fee mentioned in subregulation (3) or (4) is paid by the person in a proceeding, or if a fee is waived under subregulation (6), no other fees mentioned in Schedule 1 (other than a fee mentioned in item 20) are payable by the person in connection with the proceeding.

  6. (6)

    The Registrar or an authorised officer may waive payment of a fee (other than a fee mentioned in item 20 of Schedule 1 or a fee for an appeal), payable by a person in a proceeding related to a proceeding mentioned in subregulation (3), if the Registrar or authorised officer considers that the proceedings are closely connected and that the waiver of the fee is appropriate.

    Note If the Registrar or authorised officer decides not to waive the fee in the related proceeding, the fee is payable by the person in accordance with subregulations (3), (4) and (5).

  7. (7)

    In considering whether to waive payment of a fee in the related proceeding, the Registrar or authorised officer must take into account the following factors:

    1. (a)

      whether the dispute is between the same parties;

    2. (b)

      whether the dispute arises from the same circumstances;

    3. (c)

      the length of time since the first proceeding was commenced;

    4. (d)

      whether the manner in which the proceedings have been brought is an efficient use of the court’s resources;

    5. (e)

      whether the litigation would be in the public interest;

    6. (f)

      the capacity of the person to pay the fee.

  8. (8)

    In this regulation, an appeal is to be treated as a new proceeding.

11BReduction of fees – hardship
  1. (1)

    If the Registrar or an authorised officer, having regard to the income, day-to-day living expenses, liabilities and assets of an individual or a corporation liable to pay a fee mentioned in Schedule 1 (other than the fee mentioned in item 20), considers that payment of the fee would cause financial hardship to the individual or corporation, the Registrar or authorised officer may:

    1. (a)

      if the fee is less than the reduced fee — impose the fee on each occasion the fee is payable; and

    2. (b)

      in any other case — impose the reduced fee on each occasion the fee is payable instead of the fee for which the person would otherwise be liable.

  2. (2)

    However, if subregulation (1) applies, the reduced fee is payable only once for setting down, and no fee is payable for a hearing, regardless of the number of hearing days.

11CChange in circumstances
  1. (1)

    Subregulation 11A (5) applies to a person as if the person had paid a fee under subregulation 11A (3) or (4) if:

    1. (a)

      the person pays a full fee, or a reduced fee under regulation 11B, in a proceeding; and

    2. (b)

      after the fee has been paid, the person becomes eligible under subregulation 11A (1) to pay the reduced fee.

  2. (2)

    However, if a person’s circumstances change so that subregulation 11A (1) no longer applies to the person, the person is liable to pay all fees that become payable after the change in circumstances.

12Payment on invoice
  1. (1)

    Subject to subregulation (4), regulation 9 does not apply to a person liable to pay a fee who, at the time when the fee mentioned in subregulation 9 (1), (2) or (3) would otherwise be payable:

    1. (a)

      is an approved user of court services; or

    2. (b)

      is represented by a legal practitioner who is an approved user of court services.

  2. (2)

    If a person liable to pay a fee has not paid that fee, the Court may, from time to time, invoice, for that fee:

    1. (a)

      if paragraph (1) (a) applies — the person; or

    2. (b)

      if paragraph (1) (b) applies — either:

      1. (i)

        the person; or

      2. (ii)

        the legal practitioner mentioned in that paragraph.

  3. (3)

    An approved user who is invoiced for unpaid fees must pay the fees within 30 days after receiving the invoice.

  4. (4)

    Subregulation (1) ceases to apply to a person mentioned in paragraph (1) (a) or (b) at the end of the period mentioned in subregulation (3) if the invoiced fees are not paid.

  5. (5)

    For this regulation, approved means approved by the Registrar.

  6. (6)

    In deciding whether to approve a user for the purpose of this regulation, the Registrar may have regard to the following matters:

    1. (a)

      the user’s financial history with the Court, including frequency of dealings and whether fees have been paid or not;

    2. (b)

      whether the user provides a guarantee;

    3. (c)

      whether the user is, or is likely to be, a regular user of court services;

    4. (d)

      the financial circumstances of the user;

    5. (e)

      any other matter the Registrar considers relevant.

  7. (7)

    An approval may be made subject to conditions specified in the approval.

13Payment in advance
  1. (1)

    With the written authorisation of the Registrar, a user of court services may pay an amount to the Court on account of fees for which liability is expected to arise.

  2. (2)

    An authorisation may be made subject to conditions specified in the authorisation.

  3. (3)

    If an amount is paid to the Court under subregulation (1), any fees payable by the user must be charged against that amount until the amount is exhausted.

14What happens if fees are unpaid
  1. (1)

    Subject to regulations 10 and 12 and subregulation (2), if a fee mentioned in subregulation 9 (1) in relation to the filing of a document, or the provision of a service, is unpaid, the document must not be filed or the service provided.

  2. (2)

    The Court, a Judge or the Registrar, may allow the filing of a document or the provision of a service even if the relevant fee is unpaid.

  3. (3)

    Subject to regulations 10 and 12, if a setting‑down fee or hearing fee for a matter is unpaid, the following actions become available:

    1. (a)

      the Court, a Judge or the Registrar may order that no proceeding, or no proceeding other than a specified proceeding, is to take place, except by leave, in the matter to which the application or appeal relates;

    2. (b)

      a person other than the person who is liable to pay the fee may pay the fee without affecting any power of the Court, a Judge or the Registrar to make an order for costs for the fee;

    3. (c)

      the Court, a Judge or the Registrar may vacate the date fixed for hearing.

  4. (4)

    If any fee remains unpaid after the time mentioned in regulation 9 or the end of the period mentioned in subregulation 10 (3) or 12 (3) or, if subregulation (2) applies, after the filing of the document or the provision of the service, the unpaid fee is recoverable by the Commonwealth as a debt due to the Commonwealth.

  5. (5)

    In this regulation:

    unpaid, in relation to a fee, includes incompletely paid.

15Refund of a fee
  1. (1)

    A person who has paid a setting‑down fee or a hearing fee is entitled to a refund of the fee if:

    1. (a)

      the Registrar is given a complying notice in relation to a hearing, and the hearing does not occur; or

    2. (b)

      the Registrar is given a complying notice in relation to a hearing, and the hearing occurs solely for the purpose of making formal orders.

  2. (1A)

    A person is entitled to a refund of the whole or part of a fee (the refund amount) if the person pays more than the person is required to pay for the fee under these Regulations.

  3. (1B)

    The refund amount is the difference between the fee paid by the person and the amount that the person is required to pay for the fee.

  4. (2)

    The Registrar may refund a setting‑down fee or a hearing fee if, although the Registrar is not given a complying notice:

    1. (a)

      the hearing:

      1. (i)

        does not proceed; or

      2. (ii)

        proceeds solely for the purpose of making formal orders; and

    2. (b)

      the Registrar is satisfied that the failure to provide a complying notice did not arise out of any fault on the part of the person who paid the setting‑down fee or the hearing fee.

  5. (3)

    For this regulation, a complying notice is a notice to the effect that the hearing of the application or appeal will not proceed, that is given to the Registrar:

    1. (a)

      if the hearing day was fixed later than 10 working days in advance — no later than 2 working days before the hearing day; or

    2. (b)

      in any other case — no later than 10 working days before the hearing day.

Part 2ARemuneration and allowances for jurors and potential jurors

15ARemuneration
  1. (1)

    The remuneration payable to jurors and potential jurors is set out in Schedule 4.

  2. (2)

    The amounts mentioned in Schedule 4 are payable:

    1. (a)

      for each day that a juror or potential juror attends court; and

    2. (b)

      for each day, to a maximum of 5 days, that a juror or potential juror is not required to attend court.

  1. (3)

    Subject to regulation 15C, the amounts mentioned in Schedule 4 include travel and refreshment allowances.

15BBiennial adjustment of amounts of remuneration

On each biennial anniversary of 1 July 2008, the remuneration set out in Schedule 4 increases in accordance with Schedule 5.

15CTravel allowance
  1. (1)

    If a juror or potential juror is required to travel, by the shortest practical route from his or her usual place of residence to the Court, more than 30 kilometres, the juror or potential juror may apply to the Sheriff for reimbursement of reasonable travel costs.

  2. (2)

    The Sheriff may determine:

    1. (a)

      when a claim for reimbursement of travel costs may be submitted; and

    2. (b)

      the form of the claim and the information or documents that must be submitted with the claim.

  3. (3)

    If the Sheriff does not make a determination under paragraph (2) (a), a claim for reimbursement of travel costs may be submitted within 5 days of the juror or potential juror incurring the travel costs to which the claim relates.

Part 3Miscellaneous

16AAT review of a decision
  1. (1)

    Subject to the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by a decision of the Registrar or an authorised officer may apply to the Administrative Appeals Tribunal for review of the decision if it is a decision under:

    1. (a)

      regulation 10, 11A or 11B or subregulation 15 (2); or

    2. (b)

      subclause 1 (3) of Schedule 3.

  2. (2)

    Within 28 days of such a decision, the Registrar must give the person who is liable for payment of the fee concerned written notice of:

    1. (a)

      the decision; and

    2. (b)

      the person’s right to apply to the Administrative Appeals Tribunal for review of the decision.

    Note The Code of Practice for Notification of Reviewable Decisions and Rights of Review determined under subsection 27B (1) of the Administrative Appeals Tribunal Act 1975 sets out certain matters to which regard must be had in relation to notification.

  3. (3)

    The notice must set out the reasons for the decision, if:

    1. (a)

      the decision is that the Registrar is not satisfied that, in relation to an appeal, the circumstances set out in subclause 1 (3) of Schedule 3 exist; or

    2. (b)

      the decision is that the fee concerned is not to be waived; or

    3. (c)

      the decision is that the fee concerned is not to be reduced.

  4. (4)

    Failure to comply with paragraph (2) (b) does not affect the validity of the decision.

17Prescribed contract limit (Act s 18A (4))

For subsection 18A (4) of the Act, the higher amount of $1 000 000 is prescribed.

18Federal Court of Australia Regulations 1978 – repeal

The following Statutory Rules are repealed:

· 1978 No. 36

· 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

· 2001 No. 172.

19Transitional

Despite the repeal of the Federal Court of Australia Regulations 1978 by regulation 18, those Regulations continue to apply in relation to any fee incurred before the commencement of these Regulations.

Schedule 1Fees

(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, 4, 5, 12 or 13; 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 $2 142

(b) in any other case $894

2

Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986

$54

3

Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:

(a) the applicant has been dismissed from employment in alleged contravention of Part 3-1 of that Act;

The fee prescribed for subsection 395 (2) of that Act by the Fair Work Regulations 2009

(b) the applicant alleges a breach of section 351 of that Act

4

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act

The fee prescribed for subsection 395 (2) of that Act by the Fair Work Regulations 2009

5

Filing of an election petition under Schedule 4 to the Aboriginal and Torres Strait Islander Act 2005

$36

6

Filing of an affidavit or other document originating an application for leave or special leave to appeal

(a) for a corporation $2 134

(b) in any other case $1 203

7

Filing of a notice of appeal instituting an appeal from a judgment of the Court or another court if no fee has been paid under item 6

(a) for a corporation $5 334

(b) in any other case $3 007

8

Filing of a notice of appeal instituting an appeal from a decision of the Administrative Appeals Tribunal

(a) for a corporation $5 334

(b) in any other case $3 007

9

Filing of a notice of appeal in a proceeding in relation to which a fee has been paid under item 6

(a) for a corporation $3 200

(b) in any other case $1 804

10

Filing of an application to review a decision of the Registrar, under subsection 35A (5) of the Act

(a) for a corporation $873

(b) in any other case $436

11

Filing of a notice of motion

(a) for a corporation $657

(b) in any other case $328

12

Filing a document by which a proceeding in the Court under the Bankruptcy Act 1966 is commenced

(a) for a corporation $1 983

(b) in any other case $828

13

Filing of an application for an order for substituted service of a bankruptcy notice

(a) for a corporation $438

(b) in any other case $220

14

Filing of a cross‑claim

(a) for a corporation $2 142

(b) in any other case $894

15

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 $3 569

(b) in any other case $1 786

16

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 $713

(b) in any other case $356

17

For the hearing of an application (including a cross‑claim) other than an application mentioned in item 16, an issue or question in such an application or an appeal (including a cross‑appeal) — for the 2nd, 3rd and 4th days, or part of a day

(a) for a corporation $1 428

(b) in any other case $712

18

For the hearing of an application (including a cross‑claim) other than an application mentioned in item 16, an issue or question in such an application or an appeal (including a cross‑appeal) — for the 5th, 6th, 7th, 8th and 9th days, or part of a day

(a) for a corporation $2 568

(b) in any other case $1 184

19

For the hearing of an application (including a cross‑claim) other than an application mentioned in item 16, an issue or question in such an application or an appeal (including a cross‑appeal) — for the 10th and subsequent days, or part of a day

(a) for a corporation $5 068

(b) in any other case $2 384

20

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

21

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

22

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)

$777

23

For issuing a subpoena to produce or give evidence

$73

24

For taxation of a bill of costs in which the amount claimed in the bill is $10 000 or less

$848

25

For taxation of a bill of costs in which the amount claimed in the bill is more than $10 000

$2 036

26

For mediation by a court officer — for the first attendance at the mediation

(a) for a corporation $894

(b) in any other case $446

27

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

$35

28

Reduced fee

$100

Note The fees mentioned in this Schedule (other than the fees mentioned in items 2, 3, 4, 21 and 28) are subject to biennial increase under regulation 8.

Schedule 2 Feesformula for biennial increase

(regulation 8)

1 In this Schedule:

CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.

fee means a fee specified in Schedule 1 (except in item 2, 3, 4, 21 or 28).

March quarter means a period of 3 months ending at the end of March.

relevant period means any of the following periods:

  1. (a)

    the 2 year period starting on 1 July 2010;

  2. (b)

    each 2 year period starting on a biennial anniversary of 1 July 2010.

2 If, in a relevant period, the latest CPI number is greater than the earlier CPI number, the amount of a fee increases, on 1 July immediately following the end of the period, in accordance with the formula:

where:

earlier CPI number is the CPI number for the last March quarter before the start of the relevant period.

fee is the fee in force at the end of the relevant period.

latest CPI number is the CPI number for the last March quarter before the end of the relevant period.

3 If, apart from this clause, the amount of a fee increased under clause 2 would be an amount of dollars and cents, the amount is taken to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.

4 Subject to clause 5, if at any time, before or after the commencement of this Schedule, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for a CPI number previously published for that quarter by the Statistician, the publication of the later number is disregarded for the purposes of this Schedule.

5 If, at any time, before or after the commencement of this Schedule, the Australian Statistician changes the reference base for the Consumer Price Index, then, in applying this Schedule after the change is made, regard may be had only to CPI numbers published in terms of the new reference base.

Schedule 3Exemption from fees

(regulation 11)

1Exemptions applying generally

  1. (1)

    A fee is not payable in relation to any of the following:

    1. (a)

      an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986 (except the filing fee mentioned in item 2 of Schedule 1);

    2. (b)

      an application mentioned in column 2 of item 3 of Schedule 1 (except the filing fee mentioned in column 3 of the item);

    3. (ba)

      an application mentioned in column 2 of item 4 of Schedule 1 (except the filing fee mentioned in column 3 of the item);

    4. (c)

      an appeal, of a kind that the Court has jurisdiction to hear and determine under subsection 24 (1) of the Act, from the judgment in an application mentioned in paragraph (a) or (b);

    5. (d)

      an application to set aside a subpoena, if the applicant is not a party to the proceeding in which the subpoena is issued.

  2. (2)

    In the circumstances set out in subclause (3), a fee is not payable in relation to any of the following:

    1. (a)

      an appeal under section 14ZZ of the Taxation Administration Act 1953;

    2. (b)

      an appeal from a decision of the Administrative Appeals Tribunal in its Taxation Appeals Division;

    3. (c)

      an appeal from a single judge to the Full Court in relation to an appeal under section 14ZZ of the Taxation Administration Act 1953.

  3. (3)

    The circumstances are that the Registrar or authorised officer who receives the appeal is satisfied that:

    1. (a)

      the person lodging the appeal has lodged with the Court another appeal for which the prescribed fee has been paid; and

    2. (b)

      the same paragraph of subclause (2) describes both appeals; and

    3. (c)

      the appeal concerns an issue (other than a procedural issue) that is substantially the same as an issue of concern in the other appeal.

2Exemptions applying to filing fees

A filing fee is not payable for a document relating to any of the following:

  1. (a)

    a proceeding in relation to a criminal matter;

  2. (b)

    a matter remitted to the Court by the High Court under section 44 of the Judiciary Act 1903;

  3. (c)

    a matter referred to the Court by the High Court under subsection 354 (1) of the Commonwealth Electoral Act 1918;

  4. (d)

    a case stated, or a question reserved, for the consideration or opinion of the Court;

  5. (e)

    a reference to the Court of a question of law by a tribunal or body that, under a law of the Commonwealth, may refer questions of law to the Court;

  6. (f)

    a proceeding in respect of which an international convention to which Australia is party provides that no fee is to be payable;

  7. (g)

    a referral to the Court, by the Commissioner of Taxation, of an objection decision, within the meaning given by Part IVC of the Taxation Administration Act 1953;

  8. (h)

    an application to the Court for an extension of time within which a particular proceeding may be commenced.

3Exemptions applying to setting‑down fees

A setting‑down fee is not payable in relation to a proceeding or matter if:

  1. (a)

    the proceeding is of an interlocutory nature only; or

  2. (b)

    a setting‑down fee has been paid, under these Regulations, or under another law of the Commonwealth, for the application or appeal, and has not been refunded; or

  3. (c)

    the matter is an application for admission to practice as a barrister, solicitor or barrister and solicitor; or

  4. (d)

    the proceeding is of a kind mentioned in paragraph 2 (a), (d), (e), (f), (g) or (h) of this Schedule; or

  5. (e)

    the matter is of a kind mentioned in paragraph 2 (b) of this Schedule, and either:

    1. (i)

      it was initiated in the High Court before the commencement of these Regulations; or

    2. (ii)

      it was remitted by the High Court in its appellate jurisdiction for re‑hearing by the Federal Court; or

  6. (f)

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

4Exemptions applying to hearing fees

A hearing fee is not payable in relation to a proceeding or matter if:

  1. (a)

    the hearing is cancelled before the fee is paid; or

  2. (b)

    the sole purpose of the hearing is the delivery of a reserved judgment; or

  3. (c)

    a hearing fee has been paid, under these Regulations or another law of the Commonwealth, for the application or appeal, and has not been refunded; or

  4. (d)

    the matter is an application for admission to practice as a barrister, solicitor or barrister and solicitor; or

  5. (e)

    the proceeding is of a kind mentioned in paragraph 2 (a), (d), (e), (f), (g) or (h) of this Schedule; or

  6. (f)

    the matter is of a kind mentioned in paragraph 2 (b) of this Schedule, and either:

    1. (i)

      it was initiated in the High Court before the commencement of these Regulations; or

    2. (ii)

      it was remitted by the High Court in its appellate jurisdiction for re‑hearing by the Federal Court; or

  7. (g)

    the proceeding is an exercise by the Court of original jurisdiction vested in it by the Bankruptcy Act 1966; or

  8. (h)

    the proceeding or matter commenced on or before 31 March 1992.

Schedule 4Remuneration and allowances

(regulation 15A)

Item

Matter for which payment is made

Amount payable ($)

1

Attendance on the first day of the trial:

  1. (a)

    for 4 hours or less

Half the amount specified in item 2

  1. (b)

    for more than 4 hours

The amount specified in item 2

2

Attendance on each day for days 2, 3, 4 and 5

95.00

3

Attendance on each day for days 6, 7, 8, 9 and 10

105.00

4

Attendance on each day after day 10

116.00

5

Attendance on the last day of the trial, if required to serve for more than 8 hours (excluding adjournments for meals):

  1. (a)

    for an additional period of up to 4 hours

Half the amount specified for that day

  1. (b)

    for an additional period of more than 4 hours

The amount specified for that day

Schedule 5 Remunerationformula for biennial increase

(regulation 15B)

1Definitions

In this Schedule:

CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.

March quarter means a period of 3 months ending at the end of March.

relevant period means any of the following periods:

  1. (a)

    the 2 year period starting on 1 July 2008;

  2. (b)

    each 2 year period starting on a biennial anniversary of 1 July 2008.

remuneration means an amount specified in Schedule 4.

2Calculation of remuneration

If, in a relevant period, the latest CPI number is greater than the earlier CPI number, remuneration increases, on 1 July immediately following the end of the period, in accordance with the formula:

where:

remuneration is the amount in force at the end of the relevant period.

latest CPI number is the CPI number for the last March quarter before the end of the relevant period.

earlier CPI number is the CPI number for the last March quarter before the start of the relevant period.

3Rounding of calculations

If, apart from this clause, remuneration increased under clause 2 would be an amount of dollars and cents, the amount is taken to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.

4Substitution of CPI number

Subject to clause 5, if, at any time before or after the commencement of this Schedule, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for a CPI number previously published for that quarter by the Statistician, the publication of the later number is disregarded for the purposes of this Schedule.

5Change of reference base

If, at any time before or after the commencement of this Schedule, the Australian Statistician changes the reference base for the Consumer Price Index, then, in applying this Schedule after the change is made, regard may be had only to CPI numbers published in terms of the new reference base.

Notes to the Federal Court of Australia Regulations 2004

Note 1

The Federal Court of Australia Regulations 2004 (in force under the Federal Court of Australia Act 1976) as shown in this compilation comprise Statutory Rules 2004 No. 291 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Instruments

Year and

Number

Date of notification

in Gazette or FRLI registration

Date of

commencement

Application, saving or

transitional provisions

2004 No. 291

7 Sept 2004 (see Gazette 2004, No. S372)

Schedule 1 (item 4): 26 Nov 2004 (see r. 2)

Remainder: 1 Nov 2004

2006 No. 64

3 Apr 2006 (see F2006L00766)

1 May 2006

—

2006 No. 234

7 Sept 2006 (see F2006L02968)

1 Oct 2006

—

2006 No. 309

1 Dec 2006 (see F2006L03829)

2 Dec 2006

—

2009 No. 128

25 June 2009 (see F2009L02474)

1 July 2009

—

2009 No. 185

3 Aug 2009 (see F2009L02973)

5 Aug 2009 (see r.2)

—

2009 No. 189

3 Aug 2009 (see F2009L02974)

1 July 2009

—

2009 No. 358

16 Dec 2009 (see F2009L04442)

17 Dec 2009

—

2010 No. 166

30 June 2010 (see F2010L01848)

1 July 2010

—

2010 No. 243

15 Oct 2010 (see F2010L02718)

1 Nov 2010

R. 4

2011 No. 37

24 Mar 2011 (see F2011L00479)

25 Mar 2011

—

Table of Amendments

  1. ad. = added or inserted

    am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Part 1

R. 2..........................................

am. 2010 No. 166

R. 3..........................................

am. 2010 Nos. 166 and 243

Note to r. 3..............................

am. 2009 No. 358

Part 2

R. 5..........................................

am. 2010 No. 166

R. 6..........................................

am. 2010 No. 166

R. 8..........................................

am. 2009 No. 189

rs. 2010 Nos. 166 and 243

R. 9..........................................

am. 2010 Nos. 166 and 243

R. 10........................................

am. 2010 Nos. 166 and 243; 2011 No. 37

R. 11........................................

am. 2010 Nos. 166 and 243

R. 11A.....................................

ad. 2010 No. 243

R. 11B.....................................

ad. 2010 No. 243

R. 11C.....................................

ad. 2010 No. 243

R. 12........................................

am. 2006 No. 64

R. 15........................................

am. 2006 No. 64; 2010 No. 243

Part 2A

Part 2A....................................

ad. 2009 No. 358

R. 15A.....................................

ad. 2009 No. 358

R. 15B.....................................

ad. 2009 No. 358

R. 15C.....................................

ad. 2009 No. 358

Part 3

R. 16........................................

am. 2010 No. 243; 2011 No. 37

R. 17........................................

am. 2010 No. 243

Schedule 1

Schedule 1.............................

rs. 2006 No. 234

am. 2009 Nos. 128, 185 and 189; 2010 Nos. 166 and 243

Note to Schedule 1...............

am. 2009 No. 189

rep. 2010 No. 166

ad. 2010 No. 243

Schedule 2

Schedule 2.............................

am. 2010 Nos. 166 and 243

Schedule 3

Schedule 3.............................

am. 2006 No. 309; 2009 Nos. 185 and 189; 2010 Nos. 166 and 243

Schedule 4

Schedule 4.............................

ad. 2009 No. 358

am. 2010 No. 166

Schedule 5

Schedule 5.............................

ad. 2009 No. 358

Table AApplication, saving or transitional provisions

Select Legislative Instrument 2010 No. 243

4Transitional

Subregulation 11 (2) and paragraphs 1 (1) (a) to (c) of Schedule 3 to the Federal Court of Australia Regulations 2004, as in force on 31 October 2010, apply to proceedings commenced before 1 November 2010.

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