FEDERAL COURT OF AUSTRALIA REGULATIONS (AMENDMENT)
EXPLANATORY STATEMENT
1987 No. 171
Sub-section 60(1) of the Federal Court of Australia Act 1976 provides that the Governor-General may make regulations prescribing the fees to be paid in respect of proceedings in the Court or the service or execution of the process of the Court by officers of the Court.
Sub-regulation 2(1) of the Federal Court of Australia Regulations provides that, subject to regulation 2, the fees payable in respect of proceedings in the Court or the service or execution of the process of the Court by officers of the Court are the fees specified in the Schedule to the Regulations.
The new regulations increase the fees presently payable in respect of the filing of documents in the Court by 20%. They do not affect fees payable for service or execution of process of the Court by officers of the Court. The fees increased are those in Items 1-4 of the Schedule to the Regulations.
All but one of the fees affected by the regulations were last increased on 1 August 1985. The one exception is that in Item 3A of the Schedule, namely, $300 on filing a notice instituting an appeal from a decision of the Administrative Appeals Tribunal. This Item was included in the Schedule and was set at its present level on 1 March 1987.
The increases are based on a Consumer Price Index change of 18% from the time of the last increase, i.e. from December 1984 to December 1986. The fee in Item 3A has been included in the increase to maintain consistency with the other fees.
Details of the proposed regulations are as follows:
Regulation 1 provides that the regulations shall come into operation on 1 September 1987.
Regulation 2 increases the filing fees in accordance with the above.