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

Statutory Rules 1992 No. 80

High Court of Australia (Fees) Regulations2

(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 2 7 MAR 1992.

BILL HAYDEN

Governor-General

By His Excellency's Command,

Attorney-General

1. Commencement

1.1 These Regulations commence on 1 April 1992

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2. Amendment

2.1 The High Court of Australia (Fees) Regulations are amended as set

out in these Regulations.

3. Regulation 4 (Fees)

3.1 Omit the regulation, substitute

Fees

"4. (1) Subject to this regulation, the fee payable for filing, issuing or sealing a document in the Registry of the High 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 is the fee set out in column 3 of that item.

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

"(3) Subject to this regulation, a document of a kind mentioned in Schedule 1 must not be filed, issued or sealed, and a service of a kind mentioned in that Schedule must not be provided, if the fee payable for that document or service has not been paid.

"(4) A fee mentioned in subregulation (1) is not payable if:

(a) 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

(b) the person liable to pay the fee is:

(i) the holder of a pensioner health benefit card, a health benefit card, a pharmaceutical benefits concession card or a health care card; 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

(TV) in receipt of AUSTUDY within the meaning of the

AUSTUDY Regulations; or

(c)	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.

"(5) The Registrar may allow an application, notice of appeal or writ of summons for which a fee is payable to be filed or issued before payment of the fee if, in the Registrar's opinion, filing the application or notice of appeal, or issuing the writ of summons, is attended by urgency

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that overrides the requirement of payment of the fee at the time of filing or

issuing the document.

"(6) If payment of a fee has been deferred under subregulation (5),

the fee:

(a) must be paid within 30 days of filing; and

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

"(7) If a Convention to which Australia is a party provides that a fee is not payable for any proceeding, the fees referred to in this regulation are not payable for that proceeding.".

4. Regulation 5 (Hearing fees)

4.1 Paragraph 5 (2) (d):

Omit the paragraph, substitute:

"(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.".

4.2 Subregulation 5 (5):

Omit the subregulation, substitute

"(5) A person who has paid a hearing fee is entitled to a refund of

the fee if:

(a)	a date has not been fixed for hearing and the proceedings are discontinued or otherwise determined; or
(b)	the Registrar is notified, not less than 10 working days before the date fixed for hearing, that the hearing will not proceed, and the hearing does not proceed; or

(c) the fee was not payable.".

5. Regulation 6 (Review by the Administrative Appeals Tribunal)

5.1 Omit the regulation, substitute:

Notice of decision: review by the Admuiistrative Appeals Tribunal

"6. (1) The Registrar must give notice of a decision under paragraph 4 (4) (c) or 5 (2) (d) to the person liable to pay the fee to which the decision relates.

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4 High Court of Australia (Fees) 1992 No.

"(2) Application may be made to the Tribunal for review of a

decision of that kind.

"(3) If the decision is a decision not to waive payment of the fee,

the notice must:

(a) set out written reasons for the decision; and

(c) 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.".

6. Schedule (Fees)

6.1 Omit the Schedule, substitute:

SCHEDULE 1 Regulation 4

FEES FOR FILING, ISSUING OR SEALING A DOCUMENT OR

OBTAINING A SERVICE

PARTI

Document or service mentioned in

subregulation 4 (1)

Column 1 Column 2 Column 3

Item Document to be filed Fee

1	Application under rule 1 of Order 55 of the High	$300.00
Court Rules
2	Writ of summons or petition	$300.00
3	Civil special leave application	$200.00
4	Criminal special leave application	$50.00
5	Application initiating a proceeding (including	$100.00
removals under section 40 of the Act, but not including an application referred to in another item of this Schedule)
6	Notice of appeal	$300.00

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High Court of Australia (Fees) 1992 No. 5

SCHEDULE 1— continued

Column 1 Column 2 Column 3

Item Service Fee

7	Certificate of the Registrar other than a certificate of	$30.00
taxation
8	Taxing a bill of costs for every $100.00, or part of	$7.50
$100.00

PART 2

Document or service mentioned in

subregulation 4 (2)

9 Searching or inspecting a document mentioned in

subrule 8 (2) of Order 58 of the High Court Rules

Per hour or part of an hour $10.00

10 Making a photocopy or office copy of any

document:

Per page $2.00

11 Copy of reasons for judgment:

(a)	for each copy, consisting of not more than	$2.00
10 pages, issued to a person not a party to the proceedings; and
(b)	for each copy, consisting of not more than	$2.00
10 pages, in excess of one copy issued to a party to the proceeding; and

(c) for each page in excess of 10 with a $0.50

maximum of $20.00per copy

12	Annual subscription for copies of reasons for	$350.00
judgments (including the cost of postage)
13	Copy of transcript of proceedings prepared by the
Court Reporting Service:

for each page of transcript $0.30

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NOTES

1.	Notified in the Commonwealth of Australia Gazette on	1992.	31	March
2.	Statutory Rules 1991 No. 449.

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