Federal Court of Australia Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 254 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 19 November 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   These Regulations commence on 1 December 1996.

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 regulation 5 and subregulations 6.1 and 8.1 of these Regulations apply to a fee payable on or after 1 September 1996.

4.   Regulation 2 (Filing fees etc.)

4.1   Subregulation 2 (1B):

Omit “item 5,”, substitute “item 1, 5,”.

4.2   Subregulation 2 (3):

Omit the subregulation, substitute:

 “(3)A document must not be filed in a Registry of the Court, or a service mentioned in items 11, 12, 13 or 14 in the Schedule must not be provided, unless the fee payable for that filing or service has been paid.”.

5.   Regulation 2AA (Setting down fees)

5.1   Subparagraph 2AA (1) (b) (i):

Omit “$3,000;”, substitute “$2,000;”.

5.2   Subparagraph 2AA (1) (b) (ii):

Omit “$1,500.”, substitute “$1,000.”.

6.   Regulation 2A (Hearing fees)

6.1   Paragraph 2A (1) (c):

Omit the paragraph, substitute:

• “(c)

  for the hearing of an application, an issue or question in an application, or an appeal (whether to a single Judge or to the Full Court):

  • (i)

    if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation—$800; or

  • (ii)

    in any other case—$400;

 for each day or part of a day of hearing after the first day of hearing.”.

6.2   After paragraph 2A (2) (d), insert:

• “(da)

  the proceeding is one referred to in subregulation 2 (2A) that meets the criteria in subregulation 2 (2B); or”.

7.   Regulation 2AC (Calculation of increase)

7.1   Subregulation 2AC (2) (definition of “fee”):

Omit “during”, substitute “at the end of”.

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

8.1   Item 1:

Omit the item, substitute:

“1

On filing a document by which proceedings in the Court (other than an appeal from a judgment of the Court or another court, an application for leave or special leave to appeal or an incidental proceeding in the course of, or in connection with, proceedings) are commenced: (a) if a corporation is liable to pay the fee (b) in any other case

1,200.00 500.00”

8.2   Item 13:

Omit the item, substitute:

“13 For mediation by a court officer— for the first attendance at the mediation 250.00”

[Note:  Note 1 to the Schedule should be omitted and the following note substituted:

“[Note: 1.   Subregulation 2 (1B) provides for a fee payable by a corporation in respect of items 2, 3, 3A, 4, 8, 9, 10 or 13 to be twice the fee specified in column 3 of the item.]”]

9.   Transitional provision

9.1   This regulation applies to a person who, before 1 December 1996, paid a fee:

• (a)

  under paragraph 2AA (1) (b) or 2A (1) (c) of the Old Regulations; or

• (b)

  mentioned in item 1 in the Schedule to the Old Regulations.

9.2   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 these Regulations.

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

9.4   In this regulation:

“Old Regulations” means the Federal Court of Australia Regulations as in force immediately before 1 December 1996.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 November 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 No. 189.