High Court of Australia (Fees) Regulations 2004 (Cth)

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High Court of Australia (Fees) Regulations 2004

Statutory Rules 2004 No 372 as amended

made under the

Judiciary Act 1903

This compilation was prepared on 1 November 2010

taking into account amendments up to SLI 2010 No. 245

Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra

Contents

Part 1 Preliminary

Part 2 Fees

Part 3 Miscellaneous

Part 1Preliminary

1Name of Regulations [see Note 1]

These Regulations are the High Court of Australia (Fees) Regulations 2004.

2Commencement

These Regulations commence on 1 January 2005.

3Repeal

The High Court of Australia (Fees) Regulations 1991 are repealed.

4Transitional

Despite the repeal of the High Court of Australia (Fees) Regulations 1991 by regulation 3, those Regulations, as in force immediately before 1 January 2005, continue to apply in relation to any fee payable before the commencement of these Regulations.

5Interpretation
  1. (1)

    In these Regulations:

    Act means the Judiciary Act 1903.

    corporation means a corporation within the meaning given by section 57A of the Corporations Act 2001.

    full fee means a fee (other than the fee mentioned in item 110 of Schedule 1) that has not been reduced or waived in part.

    half day means a period of up to 3 hours in a scheduled hearing day.

    hearing fee means a fee specified in Part 3 of Schedule 1.

    proceeding includes action, appeal, application, cause, matter or suit.

    reduced fee means the fee mentioned in item 110 of Schedule 1.

    Registrar means the Chief Executive and Principal Registrar, the Senior Registrar or a Deputy Registrar appointed under the High Court of Australia Act 1979 and includes a person appointed to act in any of those positions.

    Rules means the Rules of Court made under section 86 of the Act.

  2. (2)

    A term or expression used in these Regulations and in the Rules of Court made under section 86 of the Act has the same meaning in these Regulations as it has in those Rules.

Part 2Fees

6Filing fees and fees for other services
  1. (1)

    Subject to these Regulations, a fee is payable for filing, issuing or sealing a document in a Registry of the Court, or for obtaining a document or service, of a kind specified in column 2 of an item in Part 1 of Schedule 1, being the fee specified in column 3 of that item.

  2. (1A)

    If a reduced fee is payable instead of any other fee, the fee must be paid at the time that the other fee would have been payable.

  3. (2)

    Subject to these Regulations, a fee is payable for obtaining a document or service of a kind specified in column 2 of an item in Part 2 of Schedule 1, being the fee specified in column 3 of that item.

  4. (3)

    Unless the Court, a Justice or a Registrar orders otherwise, a fee under this regulation is payable by the person for whom:

    1. (a)

      the document is filed, issued or sealed; or

    2. (b)

      the document or service is obtained.

    Note Fees are subject to increase under regulation 14.

  5. (4)

    If the person liable to pay a fee in relation to a document specified in column 2 of item 101, 102, 103, 105 or 106 in Part 1 of Schedule 1 (or, if more than one person is liable, any of them) is a corporation, the fee payable is the fee specified for a corporation in column 3 of that item.

7Hearing fees
  1. (1)

    Subject to these Regulations, a fee is payable for a hearing of a kind specified in column 2 of an item in Part 3 of Schedule 1, being the fee specified in column 3 of that item.

    Note Fees are subject to increase under regulation 14.

  2. (2)

    The person liable to pay a hearing fee is:

    1. (a)

      the person initiating the proceeding for which the fee is payable; or

    2. (b)

      if the Court, a Justice or a Registrar so orders:

      1. (i)

        another party to the proceeding; or

      2. (ii)

        each of 2 or more of the parties to the proceeding, including the person initiating the proceeding, in the proportions ordered.

  3. (3)

    If the person liable to pay a fee for a hearing specified in column 2 of item 302, 303 or 304 in Part 3 of Schedule 1 (or, if more than one person is liable, any of them) is a corporation, the fee payable is the fee specified for a corporation in column 3 of that item.

  4. (4)

    A hearing fee specified in item 301 or 302 of Schedule 1 is payable at the time when the document to which the hearing relates is filed.

  5. (5)

    A hearing fee specified in item 303 or 304 of Schedule 1 must be paid:

    1. (a)

      if the day to which the fee relates is the next working day after a scheduled hearing day for the proceeding — no later than 9.30 am on the day to which the fee relates; and

    2. (b)

      if the day to which the fee relates is not the next working day after a scheduled hearing day for the proceeding:

      1. (i)

        if the day to which the fee relates is earlier than 2 working days after the day on which the document initiating the proceeding is filed — at the time when that document is filed; or

      2. (ii)

        in any other case — not later than 2 working days before the day, half day or part of a day to which the fee relates.

8Circumstances in which fees are not payable
  1. (1)

    A fee is not payable by a person who is liable to pay the fee if the fee has been paid by another person.

  2. (2)

    A fee specified in Part 1 or 2 of Schedule 1 is not payable in a proceeding in respect of which a Convention to which Australia is a party provides that no fee is to be payable.

  3. (3)

    The hearing fee specified in item 301 or 302 of Schedule 1 is not payable for the hearing of an interlocutory proceeding.

  4. (4)

    The hearing fee specified in item 303 or 304 of Schedule 1 is not payable for a hearing if the sole purpose of the hearing is the delivery of a reserved judgment.

  5. (5)

    A person is not liable to pay a full fee mentioned in Part 1 or 3 of Schedule 1 if regulation 9 applies to the person.

  6. (6)

    If, under regulation 10, a Registrar waives payment of part of a fee specified in Part 1 or 3 of Schedule 1, that part of the fee is not payable.

9Reduction of fees – general
  1. (1)

    This regulation applies to a person if:

    1. (a)

      the person 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 proceeding; or

    2. (b)

      the person is:

      1. (i)

        the holder of any of the following cards issued by the Department of Families, Housing, Community Services and Indigenous Affairs:

        1. (A)

          a health care card;

        2. (B)

          a pensioner concession card;

        3. (C)

          a Commonwealth seniors health card; or

      2. (ii)

        the holder of any other card issued by the Department of Families, Housing, Community Services and Indigenous Affairs, or the Department of Veterans’ Affairs, that certifies the holder’s entitlement to Commonwealth health concessions; or

      3. (iii)

        serving a sentence of imprisonment, or otherwise lawfully detained in a public institution; or

      4. (iv)

        aged less than 18 years; or

      5. (v)

        receiving youth allowance or Austudy payment, within the meaning of the Social Security Act 1991; or

      6. (vi)

        receiving benefit under ABSTUDY, within the meaning of the Social Security Act 1991.

  2. (2)

    In paragraph (1) (b), holder, of a card, does not include a dependant of the holder.

  3. (3)

    The reduced fee is payable, instead of the full fee, on the first occasion the full fee would otherwise be payable by the person in a proceeding.

  4. (4)

    When a fee mentioned in subregulation (3) is paid by the person in a proceeding, no other fees mentioned in Part 1 or 3 of Schedule 1 are payable by the person in connection with the proceeding.

  5. (5)

    This regulation applies to each new proceeding that is commenced.

10Waiver of part of fee

If, having regard to the income, day-to-day living expenses, liabilities and assets of a person liable to pay a fee specified in Part 1 or 3 of Schedule 1, a Registrar is of the opinion that payment of the fee would cause financial hardship to the person, the Registrar may waive payment of two-thirds of the amount of the fee.

10AChange in circumstances
  1. (1)

    Subregulation 9 (4) applies to a person as if the person had paid a reduced fee if:

    1. (a)

      the person pays a full fee, or a fee under regulation 10, in a proceeding; and

    2. (b)

      after the fee mentioned in paragraph (a) has been paid, the person becomes eligible under subregulation 9 (1) to pay a fee.

  2. (2)

    However, if a person’s circumstances change so that subregulation 9 (1) no longer applies to the person, the person is liable to pay all fees that arise after the change in circumstances.

11Deferral of payment of fee or part of fee
  1. (1)

    A Registrar may allow the payment of the whole of a fee specified in Part 1 of Schedule 1, or the part of a fee specified in Part 1 of Schedule 1 that is payable because of the operation of regulation 10, to be deferred if, in the Registrar’s opinion, there is an urgency that overrides the requirement to pay the fee at the time that, but for the deferral, the fee would be payable.

  2. (2)

    If payment of the whole or part of a fee has been deferred, the amount deferred:

    1. (a)

      must be paid within 30 days of deferral; and

    2. (b)

      if not paid within that period, is a debt due to the Commonwealth that may be recovered in a court of competent jurisdiction.

12Consequences of non-payment of fee
  1. (1)

    A document of a kind specified in column 2 of an item in Part 1 of Schedule 1 must not be filed, issued or sealed, and a service of a kind mentioned in Part 1 or 2 of Schedule 1 must not be provided, if the fee payable for that document or service has not been paid.

  2. (2)

    If a hearing fee that is payable is unpaid:

    1. (a)

      the Court or a Justice may, on application by a party to the proceeding, order that no proceeding or no proceeding other than a specified proceeding, is to take place in the proceeding except by leave; and

    2. (b)

      a person other than the person liable to pay the fee may pay the fee without affecting any power of the Court or a Justice to make an order for costs for the fee; and

    3. (c)

      the Court or a Justice may, on application by a party to the proceeding, vacate the date fixed for hearing.

13Refund of fee or part of fee
  1. (1)

    A person who has paid the whole or part of a hearing fee is entitled to a refund of the amount paid if:

    1. (a)

      notice that the hearing will not proceed is given to a Registrar:

      1. (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

      2. (ii)

        in any other case — not less than 10 working days before the date for hearing; and

    2. (b)

      the hearing does not proceed.

  2. (2)

    A person who has paid the whole or part of a hearing fee is entitled to a refund of the amount paid if:

    1. (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

    2. (b)

      a date has not been fixed for hearing and the proceeding is discontinued or otherwise determined.

  3. (3)

    A person is entitled to a refund of the whole or part of a hearing fee (the refund amount) if the person pays more than the person is required to pay for the fee under these Regulations.

  4. (3A)

    The refund amount is the difference between the fee paid by the applicant and the amount the applicant is required to pay for the fee.

  5. (4)

    If, under regulation 10, a Registrar waives payment of part of a hearing fee, a person who has paid the hearing fee is entitled to a refund of the part of the fee that has been waived.

  6. (5)

    In this regulation:

    working day, in relation to a hearing, means a day that is not:

    1. (a)

      a Saturday or Sunday; or

    2. (b)

      a public holiday in the place where the hearing was to have taken, or took, place.

14Biennial increase in fees

The amount of each fee mentioned in Schedule 1 (other than the fee mentioned in item 110 of Schedule 1) is increased in accordance with Schedule 2 on each biennial anniversary of 1 July 2010.

Part 3Miscellaneous

15Notice of decision – review by the Administrative Appeals Tribunal
  1. (1)

    A Registrar must give notice of a decision under regulation 10 to the person liable to pay the fee to which the decision relates.

  2. (2)

    Application may be made to the Administrative Appeals Tribunal for review of the decision.

  3. (3)

    If the decision is not to waive payment of part of the fee, the notice must:

    1. (a)

      set out written reasons for the decision; and

    2. (b)

      contain, or be accompanied by, 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.

  4. (4)

    The notice must be given within 28 days after the date of the decision.

  5. (5)

    Failure to comply with paragraph (3) (b) does not affect the validity of the decision.

Schedule 1Fees

(regulations 6 and 7)

Part1Filing fees and fees for other services

Item

Document or service

Fee

101

Application for an order to show cause in relation to a writ of certiorari, a writ of mandamus, a writ of habeas corpus or an order for production, a writ of prohibition or an information of quo warranto or similar relief

(a) for a corporation $5 148

(b) in any other case $2 074

102

Writ of summons or petition

(a) for a corporation $5 148

(b) in any other case $2 074

103

Civil leave or civil special leave application

(a) for a corporation $5 148

(b) in any other case $2 074

104

Criminal special leave application

$100

105

Application initiating a proceeding (including removals under section 40 of the Act, but not including an application mentioned in another item of this Schedule)

(a) for a corporation $5 148

(b) in any other case $2 074

106

Civil notice of appeal

(a) for a corporation $5 148

(b) in any other case $2 074

107

Criminal notice of appeal

$570

108

Certificate of the Registrar other than a certificate of taxation

$55

109

Taxing a bill of costs for every $100, or part of $100

$11

110

Reduced fee

$100

Note The fees mentioned in this Part (other than the fee mentioned in item 110) are subject to increase under regulation 14.

Part2Fees for obtaining a document or service

Item

Document or service

Fee

201

Searching or inspecting a document mentioned in rule 4.07.4 of the Rules — for each hour or part of an hour

$18

202

Making a photocopy or office copy of any document — for each page

$3

203

Copy of reasons for judgment:

(a) for each copy issued to a person not a party to the proceedings; and

$3

(b) for each copy after the first copy issued to a party to the proceeding; and

$3

(c) in relation to each copy issued:

  1. (i)

    for each page in excess of 10 pages; or

$1

  1. (ii)

    maximum per copy

$39

204

Annual subscription for copies of reasons for judgments

$667

205

Copy of transcript of proceedings prepared by the Court Reporting Service — for each page

$10

Note The fees mentioned in this Part are subject to increase under regulation 14.

Part3Hearing fees

Item

Hearing

Fee

301

For the hearing before the Full Court of a notice of appeal in relation to a criminal proceeding

$955

302

For the hearing before the Full Court of:

(a) a notice of appeal in relation to a civil proceeding; or

(b) a petition; or

(c) a writ of summons

(a) for a corporation $4 657

(b) in any other case $2 328

303

For the hearing before a single Justice of:

(a) an application for an order to show cause in relation to a writ of certiorari, a writ of mandamus, a writ of habeas corpus or an order for production, a writ of prohibition or an information of quo warranto or similar relief; or

(b) a petition; or

(c) a writ of summons; or

(d) a summons (other than a summons for directions or a summons mentioned in rule 25.03.1 of the High Court Rules 2004);

for each half day or part of a half day

(a) for a corporation $777

(b) in any other case $388

304

For the hearing of a proceeding before the Full Court (other than an application for leave or special leave to appeal, or a criminal appeal, or an application for removal under section 40 of the Act) — for each day or part of a day (including the first day of the hearing), in addition to any fee payable under item 302

(a) for a corporation $2 328

(b) in any other case $1 164

Note The fees mentioned in this Part are subject to increase under regulation 14.

Schedule 2Formula for calculating biennial increase of fees

(regulation 14)

1

In this Schedule:

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.

fee means a fee specified in Schedule 1.

relevant period means any of the following periods:

  1. (a)

    the 2 year period commencing on 1 July 2004;

  2. (b)

    after that period — each 2 year period commencing on a biennial anniversary of 1 July 2004.

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:

where:

earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period.

fee is the fee in force during the relevant period.

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

3

If, apart from this clause, the amount of a fee increased under clause 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 clause 5, if at any time, whether before or after the commencement of these Regulations, 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 Schedule.

5

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

Notes to the High Court of Australia (Fees) Regulations 2004

Note 1

The High Court of Australia (Fees) Regulations 2004 (in force under the Judiciary Act 1903) as shown in this compilation comprise Statutory Rules 2004 No. 372 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Instruments

Year and

number

Date of notification

in Gazette or FRLI registration

Date of

commencement

Application, saving or

transitional provisions

2004 No. 372

23 Dec 2004

1 Jan 2005

2005 No. 110

8 June 2005 (see F2005L01348)

1 July 2005

R. 4

2010 No. 168

30 June 2010 (see F2010L01850)

1 July 2010

—

2010 No. 245

15 Oct 2010 (see F2010L02719)

1 Nov 2010

R. 4

Table of Amendments

  1. ad. = added or inserted

    am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Part 1

R. 5.............................................

am. 2010 No. 245

Part 2

R. 6.............................................

am. 2010 No. 245

R. 8.............................................

am. 2005 No. 110; 2010 No. 245

R. 9.............................................

rs. 2010 No. 245

R. 10...........................................

rs. 2005 No. 110

R. 10A........................................

ad. 2010 No. 245

Heading to r. 11........................

rs. 2005 No. 110

R. 11...........................................

am. 2005 No. 110

R. 13...........................................

rs. 2005 No. 110

am. 2010 No. 245

R. 14...........................................

rs. 2010 No. 245

Part 3

R. 15...........................................

am. 2005 No. 110

Schedule 1

Schedule 1.................................

rs. 2010 No. 168

am. 2010 No. 245

Note to Part 1 of Schedule 1..

rs. 2010 No. 245

Table AApplication, saving or transitional provisions

Select Legislative Instrument 2005 No. 110

4Transitional — proceedings commenced before 1 July 2005

Despite the amendments made by Schedule 1, the High Court of Australia (Fees) Regulations 2004, as in force immediately before 1 July 2005, continue to apply to a proceeding commenced in the Court before 1 July 2005.

Select Legislative Instrument 2010 No. 245

4Transitional

Regulation 9 of the High Court of Australia (Fees) Regulations 2004, as in force on 31 October 2010, applies to proceedings commenced before 1 November 2010.

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