EXPLANATORY STATEMENT
FEDERAL COURT OF AUSTRALIA ACT 1976
FEDERAL COURT OF AUSTRALIA REGULATIONS (AMENDMENT)
(Statutory Rules 1989 No. 154
Subsection 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.
The purpose of the Federal Court of Australia Regulations (Amendment) is to amend the Federal Court of Australia Regulations to increase the fees payable for filing of documents in the Federal Court.
The proposed Regulations will increase the Court fee payable in Items 1 to 4 of the Schedule to the Federal Court of Australia Regulations as set out below:
Item | Present Fees | Proposed Fees |
|
1. Filing a document whereby proceedings are commenced | 240 | 300 |
|
2. Filing a document for leave or special leave to appeal | 120 | 200 |
|
3. Filing a notice of appeal where no fee has been paid under Item 2 | 360 | 500 |
|
3A. Filing a notice of appeal from a decision of the AAT | 360 | 500 |
|
4. Filing a notice of appeal where a fee has been paid under Item 2 | 240 | 300 |
|
The fees were last increased in September 1987 from $100, $200 and $300 to $120, $240 and $360 respectively. The proposed increase, which includes a component to account for the increase in the Consumer Price Index and an additional revenue component to assist in offsetting costs involved in running the courts, will bring the fees to the same level as that proposed in other superior courts administered by the Commonwealth.
Court fees are not payable in the Federal Court where a litigant is in receipt of Legal Aid or where payment of the fee would impose hardship.
Authorised by the
Attorney-General