Federal Court of Australia Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, make the following Regulations under the
Dated 12 December 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
MICHAEL DUFFY
Attorney-General
1.1 These Regulations commence on 1 April 1992.
2.1 The Federal Court of Australia Regulations are amended as set out in these Regulations.
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3.1 Subregulation 2 (1):
Omit “regulation,”, substitute “regulation and regulation 2a,”.
3.2 Subregulation 2 (4):
Omit the subregulation, substitute:
“(4) A fee is not payable if:
(a) the person liable to pay the fee 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 proceedings for which the fee would otherwise be payable; or
(b) the person liable to pay the fee is:
(i) the holder of a pensioner health benefit card, a health benefit card, a pharmaceutical benefits concession card or a health care card; or
(ii) an inmate of a prison or is otherwise lawfully detained in a public institution; or
(iii) a child under the age of 18 years; or
(iv) in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or
(c) the Registrar or a District Registrar, having regard to the income, liabilities and assets of the person liable to pay the fee, waives payment of the fee because, in his or her opinion, it would cause financial hardship to the person.”.
4.1 After regulation 2, insert:
“2a. (1) When the Court, a Judge, the Registrar or a District Registrar fixes a date for the hearing of:
(a) an application or an issue or question in an application; or
(b) an appeal (whether to a single Judge or to the Full Court);
a
fee of $500 (in this regulation called a
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“(2) A hearing fee is not payable if:
(a) the hearing is of an interlocutory nature only; or
(b) 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
(c) the matter is an application for admission to practice as a barrister, solicitor or barrister and solicitor; or
(d) the proceeding is one to which subregulation 2 (2) applies; or
(e) the person liable to pay the fee 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 matter to which the hearing fee relates; or
(f) the person liable to pay the fee is:
(i) the holder of a pensioner health benefit card, a health benefit card, a pharmaceutical benefits concession card or a health care card; or
(ii) an inmate of a prison or is otherwise lawfully detained in a public institution; or
(iii) a child under the age of 18 years; or
(iv) in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or
(g) the Registrar or a District Registrar, having regard to the income, liabilities and assets of the person liable to pay the fee, waives payment of the fee because, in his or her opinion, it would cause financial hardship to the person.
“(3) The person liable to pay a hearing fee is the applicant or the appellant or, if the Court, a Judge, the Registrar or a District Registrar so orders:
(a) another party to the application or appeal; or
(b) 2 or more of the parties to the application or appeal, including the applicant or appellant, in the proportions ordered by the Court, a Judge, the Registrar or a District Registrar.
“(4) If a hearing fee is unpaid:
(a) the Court, a Judge, the Registrar or a District Registrar may order that no proceedings, or no proceedings other than specified proceedings, are to take place, except by leave, in the matter to which the application or appeal relates; and
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(b) a person other than the person liable to pay the fee may pay the fee without affecting any power of the Court, a Judge, the Registrar or a District Registrar to make an order for costs for the fee; and
(c) the Court, a Judge, the Registrar or a District Registrar may vacate the date fixed for hearing.
“(5) A person who has paid a hearing fee is entitled to a refund of the fee if:
(a) the Registrar is notified, not less than 10 working days before the date fixed for the hearing of the application or appeal for which the fee was paid, that the hearing will not proceed and the hearing does not proceed; or
(b) the fee was not payable.
“2b. (1) Application may be made to the Administrative Appeals Tribunal for review of a decision by the Registrar or a District Registrar under paragraph 2 (4) (c) or 2a (2) (g).
“(2) If the Registrar or a District Registrar makes a decision under paragraph 2 (4) (c) or 2a (2) (g), a notice must be given to the person liable to pay the fee:
(a) containing the terms of the decision; and
(b) giving written reasons for the decision; and
(c) containing a statement to the effect that subject to the
Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision.
“(3) A notice under subregulation (2) must be given within 28 days of the date of the decision.
“(4) Failure to include in a notice under subregulation (2) a statement of the kind mentioned in paragraph (2) (c) does not affect the validity of the decision.”.
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5.1 Add at the end: | ||
“8. | On filing an application, to review a decision of the Registrar, in accordance with subsection 35a (5) of the Act | $100 |
9. | On filing a notice of motion | $50” |
6.1 The amendments made by these Regulations apply to documents, including applications and appeals, filed on or after the date of commencement of these Regulations.
1. Notified in the
2. 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.
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