Federal Magistrates Regulations 2000
Statutory Rules 2000 No. 102 as amended
made under the
Federal Magistrates Act 1999
This compilation was prepared on 12 May 2012
taking into account amendments up to SLI 2012 No. 62
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part 1 Preliminary
1 Name of Regulations [see Note 1]
2 Commencement
3 Definitions
Part 2 Imposition, payment, exemption from, waiver, deferral and refund of fees
4 Fees
5 When payment due
6 Persons liable to pay fees
7 Circumstances in which fee not payable
8A Exemptions from payment of filing fees
8B Exemptions from payment of setting down fees
8C Exemptions from payment of hearing fees
8D Reduction of fees — general
9 Reduction of fees — hardship
9A Change in circumstances
10 Deferral of fees
10A Payment on invoice
11 Consequence of non‑payment of fee
12 Refund of fees
13 Review by Administrative Appeals Tribunal
Part 3 Indexation of fees
14 Biennial increases in fees
15 Working out of increase
Part 4 Miscellaneous
16 Modification of Legislative Instruments Act 2003 in its application to the Federal Magistrates Court
Schedule 1 Fees
Schedule 2 Modification of Legislative Instruments Act 2003 in its application to the Federal Magistrates Court
Notes
Part 1 Preliminary
1 Name of Regulations [see Note 1]
These Regulations are the Federal Magistrates Regulations 2000.
2 Commencement
These Regulations commence on 22 June 2000.
3 Definitions
In these Regulations:
Act means the Federal Magistrates Act 1999.
applicant means a person who starts the proceedings in relation to which the expression is used.
authorised officer means:
(a) an officer of the Federal Magistrates Court authorised by the Chief Executive Officer; or
(b) an officer of another Court performing functions under an arrangement made under section 90 of the Act; or
(c) an officer of another agency or organisation performing functions under an arrangement made under section 91 of the Act.
corporation means a corporation within the meaning given by section 57A of the Corporations Act 2001.
enforcement fee means a fee mentioned in item 15 or 16 of Schedule 1.
family law matter means a matter arising out of the Family Law Act 1975.
financial matter has the same meaning as in the Family Law Act 1975.
full fee means a fee that has not been reduced or waived.
general law matter means any matter other than a family law matter.
hearing fee means a fee mentioned in item 10 or 11 of Schedule 1.
mediation fee means a fee mentioned in item 14 of Schedule 1.
reduced fee, for a matter, means:
(a) if the matter is a family law matter — the fee mentioned in item 21 of Schedule 1; or
(b) if the matter is a general law matter — the fee mentioned in item 22…
Overview
The Federal Magistrates Regulations 2000, made under the Federal Magistrates Act 1999, were enacted to provide detailed rules and procedures concerning the imposition, payment, exemption, waiver, deferral, and refund of fees associated with the Federal Magistrates Court. These regulations address the need for a structured approach to managing court-related costs, ensuring they are fairly distributed among users, and providing for reductions and waivers in certain circumstances. The regulations were established by the Parliament of Australia to streamline administrative processes within the Federal Magistrates Court, aiming to ensure accessibility and efficiency in legal proceedings. The primary objective of these regulations is to establish a transparent and equitable fee structure that supports the court's function while accommodating the diverse financial circumstances of litigants.
Scope and Application
The Federal Magistrates Regulations 2000, made under the Federal Magistrates Act 1999, establish the fees and payment processes applicable to proceedings before the Federal Magistrates Court. These regulations apply to all individuals and entities involved in filing documents, setting down hearings, or otherwise engaging with the Federal Magistrates Court. The regulations detail the circumstances under which fees are payable, including specific fees for various types of applications and proceedings, and outline the conditions under which fees may be deferred, reduced, or waived, such as in cases of hardship or legal aid eligibility. The scope of these regulations is national, as they pertain to a federal court. The fees are subject to biennial indexation based on the Consumer Price Index. Exclusions from fee payments apply to certain types of proceedings, such as those involving family law matters or specific applications under other acts. The application of these regulations can be extended through subordinate instruments, as evidenced by amendments over the years that have updated fee structures and introduced new fee categories.
Key Provisions
- The Federal Magistrates Regulations 2000 outline the fees associated with various actions taken within the Federal Magistrates Court and the conditions under which these fees may be reduced, deferred, or refunded. Specifically, Regulation 4 sets out the fees for filing documents and other actions, which are subject to change through Regulation 14, which mandates a biennial increase based on the Consumer Price Index. Regulation 5 details when these fees must be paid, with different timelines for filing, setting down, and hearing fees. Regulation 6 identifies the individuals or entities liable for these fees, while Regulation 7 lists circumstances where fees are not payable, such as for certain family law matters or applications that have been remitted by the High Court.
- These Regulations impose several obligations on parties involved in proceedings before the Federal Magistrates Court. They must ensure timely payment of applicable fees as per Regulation 5, or face potential consequences such as the non-filing of documents or restricted proceedings as outlined in Regulation 11. Additionally, they must comply with the conditions for fee waivers and reductions, as stipulated in Regulations 8D, 9, and 9A. Parties also have the obligation to notify the court of any changes in their circumstances that might affect their fee liability.
- Breaches of these fee regulations can lead to significant consequences. For instance, failure to pay a fee when due can result in the non-filing of documents or restricted proceedings (Regulation 11). Additionally, if fees remain unpaid after the stipulated period, they become recoverable as a debt due to the Commonwealth (Regulation 11(3)). The Regulations also provide for civil and administrative review processes, as indicated in Regulations 12 and 13, allowing parties to contest decisions related to fee waivers and reductions. These provisions ensure that the court can maintain order and manage its resources effectively while providing some flexibility to those facing financial hardship.
- Area of Law
- Civil Litigation & Procedure
- Administrative Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Fees
- Exemptions & Exclusions
- Regulatory Standards
- Enforcement Powers
