EXPLANATORY STATEMENT
Federal Court of Australia Act 1976
Federal Court of Australia Regulations (Amendment)
(Statutory Rules 1985 No. 178)
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 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 Regulations increase, by approximately 60 percent, the fees payable in respect of the filing of documents in the Court. The reason for the proposed fee increases is to achieve a higher level of recovery of costs from litigants which will offset, to some extent, the costs involved in running the Court. The Regulations do not increase the fees payable in respect of copying of documents or the service or execution of the process of the Court. Fees are not payable under the Regulations where a person has been granted legal or financial assistance under a law of the Commonwealth or of a Territory (other than the Northern Territory) or legal aid from a legal aid scheme or service approved by the Attorney-General in relation to the proceedings in respect of which the fee would otherwise be payable, or where payment of the fee would impose hardship.
The Regulations are as follows:
Regulation 1 provides that the Regulations shall come into operation on 1 August 1985.
Regulation 2 amends Items 1 to 4 of the Schedule to the Federal Court of Australia Regulations by omitting the filing fees that applied immediately prior to these amending Regulations coming into operation and substituting new filing fees. A summary of the fee increases is set out below:
| Item | Previous Fee | New Fee |
1. | Filing a document whereby proceedings are commenced | $ 125 | $ 200 |
2. | Filing a document for leave or special leave to appeal | $ 65 | $ 100 |
3. | Filing a notice of appeal where no fee has been paid under Item 2 | $ 190 | $ 300 |
4. | Filing a notice of appeal where a fee has been paid under Item 2. | $ 125 | $ 200 |
(Authorised by the Attorney-General)