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

Statutory Rules 1996

No. 190 1

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High Court of Australia (Fees) 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 Judiciary Act 1903.

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 High Court of Australia (Fees) Regulations are amended as set out in these Regulations.

3.   Regulation 3 (Interpretation)

3.1   Subregulation 3 (1):

Insert the following definitions:

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

‘daily hearing fee’ means a fee prescribed by regulation 5;

‘hearing fee’ means a fee prescribed by regulation 4A;

‘Rules’ means the Rules of Court made under section 86 of the Act.”.

4.   Regulation 4 (Filing fees etc.)

4.1   Subregulations 4 (1) and (2):

Omit the subregulations, substitute:

 “(1) Subject to this regulation, 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 set out in an item in column 2 of Part 1 of Schedule 1, being the fee set out in column 3 of that item.

 “(1A) If a corporation is liable to pay a fee under subregulation (1) (except a fee in respect of items 4, 6A, 7 or 8), the amount of the fee payable is twice the amount of the fee set out in column 3 of the relevant item.

 “(2) A fee is payable for obtaining a document or service of a kind set out in an item in column 2 of Part 2 of Schedule 1, being the fee set out in column 3 of that item.

 “(2A)Unless the Court, a Justice or Registrar orders otherwise, a fee under this regulation is payable by the person for whom:

• (a)

  the document is filed, issued or sealed; or

• (b)

  the document or service is obtained.”.

4.2   Paragraph 4 (4) (b):

Omit the paragraph, substitute:

• “(b)

  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

  • (ii)

    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

  • (iii)

    an inmate of a prison or is otherwise lawfully detained in a public institution; or

  • (iv)

    a child under the age of 18 years; or

  • (v)

    in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or

  • (vi)

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

5.   Regulation 5 (Hearing fees)

5.1   Omit the regulation, substitute:

Hearing fees

 “4A.(1) Subject to subregulation (2), if a notice of appeal (other than an application for leave or special leave to appeal), a writ of summons or a petition is filed in a Registry of the Court, the following fee is payable for the hearing of the matter:

• (a)

  for a notice of appeal in relation to a criminal proceeding—$616;

• (b)

  for a notice of appeal in relation to a civil proceeding, a writ of summons or a petition:

  • (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 5A.]

 “(2) A hearing fee is not payable if:

• (a)

  the proceeding is of an interlocutory nature only; or

• (b)

  the person liable to pay the fee is 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 to which the fee relates; or

• (c)

  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

  • (ii)

    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

  • (iii)

    an inmate of a prison or is otherwise lawfully detained in a public institution; or

  • (iv)

    a child under the age of 18 years; or

  • (v)

    in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or

  • (vi)

    in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or

• (d)

  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 hearing fee is:

• (a)

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

• (b)

  if the Court, a Justice or Registrar so orders:

  • (i)

    another party to the proceeding; or

  • (ii)

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

 “(4) If a hearing fee that is payable is unpaid:

• (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

• (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

• (c)

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

Daily hearing fees

 “5.(1)Subject to subregulation (2), a fee is payable as follows:

• (a)

  for the hearing of a chamber summons, a notice of motion or an application under Order 55, rule 1 of the Rules:

  • (i)

    if the person liable to pay the fee (or, if more than one person is liable, any of them) is a corporation—$500; or

  • (ii)

    in any other case—$250;

 for each half day or part of a half day of hearing;

• (b)

  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):

  • (i)

    if the person liable to pay the fee (or, if more than one person is liable, any of them) is a corporation—$1,500; or

  • (ii)

    in any other case—$750;

 for each day or part of a day of hearing.

“[Note:     These fees are subject to increase under regulation 5A.]

 “(2) A daily hearing fee is not payable if:

• (a)

  the sole purpose of the hearing is the delivery of a reserved judgement; or

• (b)

  the person liable to pay the fee is 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 to which the fee relates; or

• (c)

  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

  • (ii)

    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

  • (iii)

    an inmate of a prison or is otherwise lawfully detained in a public institution; or

  • (iv)

    a child under the age of 18 years; or

  • (v)

    in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or

  • (vi)

    in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or

• (d)

  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 daily hearing fee is:

• (a)

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

• (b)

  if the Court, a Justice or Registrar so orders:

  • (i)

    another party to the proceeding; or

  • (ii)

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

“(4) If a daily hearing fee that is payable is unpaid:

• (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

• (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

• (c)

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

 “(5)The daily hearing fee (if any) must be paid:

• (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 a.m. on the day to which the fee relates; and

• (b)

  if the 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 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

  • (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.

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

Biennial increases in fees

 “5A.Despite any other provision of these Regulations, a fee prescribed by regulation 4, 4A or 5 is increased, in accordance with regulation 5B, on each biennial anniversary of 1 July 1996.

Calculation of increase

 “5B.(1)In this regulation:

‘fee’ means a fee prescribed by regulation 4, 4A or 5;

‘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

 “5C. (1) A person who has paid a hearing fee or a daily hearing fee is entitled to a refund of the fee if:

• (a)

  notice that the hearing 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 hearing fee or a daily 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)

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

• (c)

  the fee was not payable because of the operation of subregulation 4A (2) or 5 (2).”.

6.   Regulation 6 (Notice of decision: review by the Administrative Appeals Tribunal)

6.1   Subregulation 6 (1):

Omit “paragraph 4 (4) (c)”, substitute “paragraph 4 (4) (c), 4A (2) (d)”.

6.2   Subregulation 6 (2):

Omit “Tribunal”, substitute “Administrative Appeals Tribunal”.

6.3   Paragraph 6 (3) (c):

Omit the paragraph, substitute:

• “(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.”.

7.   Schedule 1 (Fees for filing, issuing or sealing a document or obtaining a service)

7.1   Part 1 (Document or service mentioned in subregulation 4 (1)):

Omit the Part, substitute:

PART 1 DOCUMENT OR SERVICE MENTIONED IN SUBREGULATION 4 (1)
Column 1 Item No.	Column 2 Document or service	Column 3 Fee
1	Application under rule 1 of Order 55 of the Rules	$1,000.00
2	Writ of summons or petition	$1,000.00
3	Civil leave or civil special leave application	$1,000.00
4	Criminal special leave application	$62.00
5	Application initiating a proceeding (including removals under section 40 of the Act, but not including an application referred to in another item of this Schedule)	$1,000.00
5A	Application for summons for directions	$250.00
6	Civil notice of appeal	$1,000.00

 

Column 1 Item No.	Column 2 Document or service	Column 3 Fee
6A	Criminal notice of appeal	$368.00
7	Certificate of the Registrar other than a certificate of taxation	$37.00
8	Taxing a bill of costs for every $100.00, or part of $100.00	$7.50

“[Note:     Subregulation 4 (1A) provides for a fee payable by a corporation in respect of items 1, 2, 3, 5, 5A, and 6 to be twice the fee specified in column 3 of the item.]”.

7.2   Part 2 (Document or service mentioned in subregulation 4 (2)):

Item 13, column 3:

Omit “$0.40”, substitute “$7.00”.

[Note:     The following note should be added at the end of Schedule 1:

“[Note:     The fees specified in Parts 1 and 2 of this Schedule are subject to increase under regulation 5A.]”].

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 August 1996.

2. Statutory Rules 1991 No. 449 as amended by 1992 No. 80; 1995 No. 418.