Federal Court of Australia Regulations (Amendment) (Cth)

No judgment structure available for this case.

Statutory Rules 1996

No. 189 1

__________________

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 28 August 1996.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General and Minister for Justice

____________

1. Commencement

1.1 These Regulations commence on 1 September 1996.

2. Amendment

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

3. Regulation 1A (Interpretation)

3.1 Insert the following definitions:

“‘Act’ means the Federal Court of Australia Act 1976;

‘corporation’ has the same meaning as in the Corporations Law;

‘hearing fee’ means a fee prescribed by regulation 2A;

‘setting down fee’ means a fee prescribed by regulation 2AA.”.

4. Regulation 2 (Filing fees etc.)

4.1 Subregulation 2 (1):

Omit the subregulation, substitute:

“(1) A fee is payable for an action of the Court, or an officer of the Court, that is specified in an item in the Schedule, being, except as provided by this regulation, regulation 2AA or regulation 2A, the fee specified in column 3 of the item.

“[Note: These fees are subject to increase under regulation 2AB.]

“(1A) Unless the Court, a Judge or Registrar orders otherwise, the fee is payable by the person for whom the action is taken.

“(1B)If a corporation is liable to pay a fee under subregulation (1A) (except a fee in respect of item 5, 6, 7, 11, 12 or 14), the amount of the fee payable is twice the amount of the fee set out in column 3 of the relevant item.”.

4.2 Subparagraph 4 (b) (i):

Omit the subparagraph, substitute:

“(i)
the holder of one of the following cards issued by the Department of Social Security:
(A)
a health care card;
(B)
a health benefit card;
(C)
a pensioner concession card;
(D)
a Commonwealth seniors health card; or
(ia)
the holder of any other card issued by the Department of Social Security or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or”.

4.3 After subparagraph 4 (b) (iv), insert:

“(v)
in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or”.

5. New regulation 2AA

5.1 After regulation 2, insert:

Setting down fees

“2AA.(1) Subject to subregulation (2), if the Court, a Judge or Registrar fixes a date for the hearing of a proceeding, the following fee is payable for the setting down of the proceeding for hearing:

(a)
for an application or an issue or question in an application:
(i)
if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation—$2,000; or
(ii)
in any other case—$1,000;
(b)
for an appeal (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—$3,000; or
(ii)
in any other case—$1,500.

“[Note: These fees are subject to increase under regulation 2AB.]

“(2) A setting down fee is not payable if:

(a)
the proceeding is of an interlocutory nature only; or
(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
(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 proceeding is one referred to in subregulation 2 (2A) that meets the criteria in subregulation 2 (2B); or
(f)
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
(g)
the person liable to pay the fee is:
(i)
the holder of one of the following cards issued by the Department of Social Security:
(A)
a health care card;
(B)
a health benefit card;
(C)
a pensioner concession card;
(D)
a Commonwealth seniors health card; or
(ia)
the holder of any other card issued by the Department of Social Security or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; 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
(v)
in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
(h)
the Registrar, having regard to the income, day to day living expenses, 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 setting down fee is the applicant or appellant or, if the Court, a Judge or Registrar so orders:

(a)
another party to the application or appeal, including the applicant or appellant, in the proportions ordered; or
(b)
each of 2 or more of the parties to the application or appeal, including the applicant or appellant, in the proportions ordered.

“(4) If a setting down fee is unpaid:

(a)
the Court, a Judge or Registrar may order that no proceedings other than specified proceedings, are to take place, except by leave, in the matter to which the application or appeal relates; and
(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 or Registrar to make an order for costs for the fee; and
(c)
the Court, a Judge or Registrar may vacate the date fixed for hearing.”.

6. Regulation 2A (Hearing fees)

6.1 Subregulation 2A (1):

Omit the subregulation, substitute:

“(1)Subject to subregulation (2), the following daily hearing fee is payable for the hearing of a proceeding:

(a)
for the hearing of a notice of motion:
(i)
if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation—$400; or
(ii)
in any other case—$200;
for each half day or part of a half day of hearing;
(b)
for the hearing of an application under subsection 35A (5) of the Act to review an exercise of power of the Registrar:
(i)
if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation—$400; or
(ii)
in any other case—$200;
for each half day or part of a half day of hearing;
(c)
for the hearing of an application, or 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—$1,100; or
(ii)
in any other case—$550;
for each day or part of a day of hearing.

“[Note: These fees are subject to increase under regulation 2AB.]”.

6.2 Paragraph 2A (2) (a):

Omit the paragraph, substitute:

“(a)
the sole purpose of the hearing is the delivery of a reserved judgement; or”.

6.3 Subparagraph 2A (2) (f) (i):

Omit the subparagraph, substitute:

“(i)
the holder of one of the following cards issued by the Department of Social Security:
(A)
a health care card;
(B)
a health benefit card;
(C)
a pensioner concession card;
(D)
a Commonwealth seniors health card; or
(ia)
the holder of any other card issued by the Department of Social Security or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or”.

6.4 After subparagraph 2A (2) (f) (iv), insert:

“(v)
in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or”.

6.5 Subregulation 2A (3):

Omit the subregulation, substitute:

“(3)The person liable to pay a hearing fee is:

(a)
the applicant or appellant; or
(b)
if the Court, a Judge or Registrar so orders:
(i)
another party to the application or appeal; or
(ii)
each of 2 or more of the parties to the application or appeal, including the applicant or appellant, in the proportions ordered.”.

6.6 Subregulation 2A (5):

Omit the subregulation, substitute:

“(5) A hearing fee must be paid:

(a)
if the hearing day to which the fee relates is scheduled to occur on the next working day after a scheduled hearing day for the proceeding—no later than 9.30 a.m. on the day to which the hearing fee relates; or
(b)
if the hearing day to which the fee relates is not the next working day after a scheduled hearing day for the proceeding:
(i)
if the day to which the hearing fee relates is earlier than 2 working days after the day on which the document initiating the proceeding is filed—at the time when the document is filed; or
(ii)
in any other case—not later than 2 working days before the day to which the hearing fee relates.

“(6) In this regulation, ‘half day’ means a period of 3 hours in a scheduled hearing day.”.

7. New regulations 2AB, 2AC and 2AD

7.1 After regulation 2A, insert:

Biennial increases in fees

“2AB.Despite any other provision of these Regulations, a fee prescribed by regulation 2, 2AA or 2A is increased, in accordance with regulation 2AC, on each biennial anniversary of 1 July 1996.

Calculation of increase

“2AC.(1)In this regulation:

‘fee’ means a fee prescribed by regulation 2, 2AA or 2A;

‘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;

‘relevant period’ means any of the following periods:

(a)
the 2 year period commencing on 1 July 1996;
(b)
after that period—each 2 year period commencing on a biennial anniversary of 1 July 1996.

“(2)If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula:

fee

xlatest CPI number

earlier CPI number

where:

‘earlier CPI number’ is the CPI number for the last March quarter before the beginning of the relevant period; and

‘fee’ is the fee in force during the relevant period; and

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

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

“(4)Subject to subregulation (5), if at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this regulation.

“(5)If, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this regulation after the change is made, regard shall be had only to numbers published in terms of the new reference base.

Refund of fees

“2AD.(1)A person who has paid a setting down fee or a hearing fee is entitled to a refund of the fee if:

(a)
notice that the hearing of the notice of motion, application or appeal for which the fee was paid will not proceed is given to the Registrar:
(i)
if the date for hearing was fixed less than 10 working days before that date—not less than 2 working days before the date for hearing; or
(ii)
in any other case—not less than 10 working days before the date for hearing; and
(b)
the hearing does not proceed.

“(2)A person who has paid a setting down fee or a hearing fee is entitled to a refund of the fee if:

(a)
despite a notice being given to the Registrar under paragraph (1) (a)—a hearing is conducted for the purpose of making formal orders; or
(b)
the fee was not payable because of the operation of subregulation 2AA (2) or 2A (2).”.

8. Regulation 2B (Notice of decision: review by the Administrative Appeals Tribunal)

8.1 Subregulation 2B (1):

Omit “paragraph 2 (4) (c)”, substitute “paragraph 2 (4) (c), 2AA (2) (h)”.

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

9.1 Omit the Schedule, substitute:

SCHEDULE Regulation 2

FEES TO BE TAKEN IN THE REGISTRY OF THE COURT

Column 1 Item No.	Column 2 Document or service	Column 3 Fee ($)
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	800.00
2	On filing an affidavit or other document originating an application for leave or special leave to appeal	400.00
3	On filing a notice of appeal instituting an appeal from a judgment of the Court or another court where no fee has been paid under item 2	1,000.00
3A	On filing a notice of appeal instituting an appeal from a decision of the Administrative Appeals Tribunal	1,000.00
4	On filing a notice of appeal in proceedings in relation to which a fee has been paid under item 2	600.00

SCHEDULE—continued

Column 1 Item No.	Column 2 Document or service	Column 3 Fee ($)
5	On making a request for a copy or copies of a document or documents (regardless of the number of documents to which the request relates): (a) for the request (b) for each page included in a copy made in accordance with the request	2.50 1.00
6	For each service or execution, or attempted service or execution, of the 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 of the Court, together with a charge calculated at the hourly rate of salary payable to an officer of the Court who is involved in the service or execution or attempted service or execution
7	For the seizure and sale of goods by an officer of the Court in the execution of the process of the Court—poundage for each $100.00 value of goods	2.00
8	On filing an application to review a decision of the Registrar, in accordance with subsection 35A (5) of the Act	245.00
9	On filing a notice of motion	123.00

Column 1 Item No.	Column 2 Document or service	Column 3 Fee ($)
10	On filing a cross claim	800.00
11	For issuing a subpoena to produce or give evidence	40.00
12	For taxing a bill of costs—for every $100.00 or part of $100.00 of the amount claimed in the bill filed	7.50
13	For each attending of a court officer at mediation	250.00
14	For each request to search and inspect files of the Court relating to a proceeding or purported proceeding (other than a request by, or on behalf of, a person party to the proceeding or purported proceeding)	20.00

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

2. All fees specified in the Schedule are subject to increase under regulation 2AB.]”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 August 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.

Actions

Download as PDF Download as Word Document

Citations

Federal Court of Australia Regulations (Amendment) (Cth)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0