Federal Court of Australia Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 321 1

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Federal Court of Australia Regulations 2(Amendment)

I, The 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 20 December 1996.

 

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

  

DARYL WILLIAMS

Attorney-General and Minister for Justice

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1.   Commencement

1.1 Subregulations 4.2, 9.1 and 9.2 and regulations 5, 6, 7 and 8 commence on the same day as item 5 of Schedule 6 to the Workplace Relations and Other Legislation Amendment Act 1996.

[NOTE: The remaining provisions of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Federal Court of Australia Regulations are amended as set out in these Regulations.

3.   Application

3.1   The amendments of the Federal Court of Australia Regulations made by subregulations 4.1 and 9.3 of these Regulations are taken to apply to a fee payable on or after 1 September 1996.

4.   Regulation 2 (Filing fees etc)

4.1   Subregulation 2 (1B):

Omit “item 1, 5, 6, 7,”, substitute “item 1, 5, 6, 7, 10,”.

4.2   Subregulation 2 (1B):

After “item 1,”, insert “1A,”.

5.   Regulation 2AA (Setting down fees)

5.1   After paragraph 2AA (2) (e), insert:

• “(ea)

  the proceeding is an application under section 170CP of the Workplace Relations Act 1996; or”.

6.   Regulation 2A (Hearing fees)

6.1   After paragraph 2A (2) (da), insert:

• “(db)

  the proceeding is an application under section 170CP of the Workplace Relations Act 1996; or”.

7.   Regulation 2AB (Biennial increases in fees)

7.1   Omit “regulation 2,”, substitute “regulation 2 (other than a fee mentioned in item 1A in the Schedule),”.

8.   Regulation 2AC (Calculation of increase)

8.1   Subregulation 2AC (1) (definition of “fee”):

Omit “regulation 2,”, substitute “regulation 2 (other than a fee mentioned in item 1A in the Schedule),”.

9.   Schedule (Fees to be taken in the Registry of the Court)

9.1   Item 1:

After “(other than”, insert “a proceeding mentioned in item 1A,”.

9.2   After item 1, insert:

“1A On filing an application under section 170CP of the Workplace Relations Act 1996 the fee payable under subregulation 30BD (1) of the Workplace Relations Regulations for lodgment of an application under subsection 170CE (1), (2), (3) or (4) of the Workplace Relations Act 1996”

9.3   Item 10:

Omit the item, substitute:

“10

On filing a cross claim: (a) if a corporation is liable to pay the fee (b) in any other case

1,200.00  500.00”

[Note: The notes to the Schedule should be omitted and the following notes substituted:

“[Note: 1. Subregulation 2 (1B) provides for a fee payable by a corporation for items 2, 3, 3A, 4, 8, 9 or 13 to be twice the fee specified in column 3 of the item.

2. As at 20 December 1996, subregulation 30BD (1) of the Workplace Relations Regulations provides that a fee of $50 is payable for lodgment of an application under subsection 170CE (1), (2), (3) or (4) of the Workplace Relations Act 1996.

3. The fees mentioned in the Schedule (except the fee mentioned in item 1A) are subject to increase under regulation 2AB.]”]

10.   Transitional provision

10.1   This regulation applies to a person who has paid a fee mentioned in item 10 in the Schedule to the Old Regulations.

10.2   The person may apply, in writing, to a Registrar of the Court for payment of the difference between the fee paid and the fee payable immediately after the commencement of this regulation.

10.3   As soon as practicable after receiving an application, the Registrar must make the payment.

10.4   In this regulation:

“Old Regulations” means the Federal Court of Australia Regulations as in force immediately before the commencement of this regulation.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 December 1996.

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; 1991 No. 448; 1992 No. 405; 1995 No. 417; 1996 Nos. 189, 254 and 266.