High Court of Australia (Fees) Regulations (Amendment) 1997 No. 106
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 106
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
JUDICIARY ACT 1903
HIGH COURT OF AUSTRALIA (FEES) REGULATIONS (AMENDMENT)
Subsection 88(ca) of the Judiciary Act 1903 provides that the Governor-General may make regulations prescribing the fees to be paid in respect of proceedings in the Court and the execution of the process of the High Court.
The Regulations increase some of the existing fees in the High Court, The level of cost recovery in the High Court is being increased as part of the overall Government strategy to reduce the Budget deficit.
The existing exemption and waiver provisions, which cover those in receipt of legal aid or income support payments and others who would suffer financial hardship if they had to pay fees, remain to protect the disadvantaged.
Details of these Regulations are as follows:
Regulation 1 - Commencement
Regulation 1 provides for the Regulations to commence on 1 July 1997.
Regulation 2 - Amendment
Regulation 2 provides that the High Court of Australia (Fees) Regulations are amended as set out in these Regulations.
Regulation 3 - Regulation 3 (Interpretation)
Existing regulation 3 defines "corporation" as having the same meaning as in the Corporations Law. Under the Corporations Law, a financial institution is defined as a "corporation" for certain parts of the Corporations Law but is not so defined for other parts of the Corporations Law.
Regulation 3 omits the existing definition of "corporation" and substitutes a new definition of "corporation" that makes it clear that, for the purposes of the High Court of Australia (Fees) Regulations, a financial institution is a corporation.
Regulation 4 - Regulation 5B (Calculation of increase)
Existing regulation 5A provides ' that a fee prescribed by regulation 4, 4A or 5 is increased on each biennial anniversary of 1 July 1996. Existing regulation 5C provides for the method of calculation of the increase, based on the Consumer Price Index (CPI).
Existing subregulation 5B(2) defines the 'fee' that is to be used as the basis for calculating the increased fee as the 'fee in force during the relevant period'.
Regulation 4 amends this definition of 'fee' to provide that the 'fee' used is the 'fee in force at the end of the relevant period'. This ensures that if the fee payable is altered during the period leading up to a biennial increase, the fee on which the calculation is based is the last fee payable.
Regulation 5 - Further amendments - fee increases
Regulation 5 provides for amendments to some of the High Court fees payable, as listed below:
| Current fee | New fee |
| | |
Hearing fee for notice of appeal in relation to a civil proceedings, a writ of summons or a petition: | | |
| | |
(a) if the person liable to pay is a corporation (Subparagraph 4A(1)(b)(i)) | $3,000 | $8,000 |
| | |
(b) in any other case (Subparagraph 4A(1)(b)(ii)) | $1,500 | $4,000 |
| | |
Daily hearing fees: | | |
| | |
(a) for the hearing of a chamber summons, a notice of motion or an application under Order 55, rule 1 of the Rules (for each half day or part of a half day): | | |
| | |
(i) if the person liable to pay is a corporation (Subparagraph 5(1)(a)(i)) | $500 | $3,000 |
| | |
(ii) in any other case (Subparagraph 5(1)(a)(ii)) | $250 | $1,500 |
| | |
(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) (for each day or part of a day): | | |
| | |
(i) if the person liable to pay is a corporation (Subparagraph 5(1)(b)(i)) | $1,500 | $12,000 |
| | |
(ii) in any other case (Subparagraph 5(1)(b)(ii)) | $750 | $6,000 |
| | |
Fee for: | | |
| | |
• Application under rule 1 of Order 55 of the Rules (Schedule 1, item 1) | $1,000 | $5,000 |
| | |
• Writ of summons or petition (Schedule 1, item 2) | $1,000 | $5,000 |
| | |
• Civil leave or civil special leave application (Schedule 1, item 3) | $1,000 | $5,000 |
| | |
• Application initiating a proceeding, not referred to in another item of the Schedule (Schedule 1, item 5) | $1,000 | $5,000 |
| | |
• Application for summons for direction (Schedule 1, item 5A) | $250 | $500 |
| | |
• Civil notice of appeal (Schedule 1, item 6) | $1,000 | $5,000 |
| | |
Under existing subregulation 4(1A), if a corporation is liable to pay a fee under items 1, 2, 3, 5, 5A and 6 the amount of the fee payable is twice the amount of the fee set out in the Schedule.
These Regulations commence on 1 July 1997.
Overview
The High Court of Australia (Fees) Regulations (Amendment) 1997 No. 106 was enacted to amend the existing fees for proceedings in the High Court of Australia, as stipulated under the Judiciary Act 1903. The regulation was issued by the authority of the Attorney-General and Minister for Justice and is part of the statutory rules of 1997. The primary purpose of these amendments is to increase certain fees to reflect the cost recovery strategy aimed at reducing the budget deficit. However, the regulations maintain existing provisions to exempt and waive fees for those receiving legal aid, income support payments, or who would otherwise face financial hardship. This ensures continued protection for disadvantaged parties. The amendments took effect from 1 July 1997, as stipulated in Regulation 1. The amendments include clarifications to the definition of "corporation," adjustments to the method of calculating fee increases, and specific increases to various fees associated with different types of proceedings in the High Court.
Scope and Application
The High Court of Australia (Fees) Regulations (Amendment) 1997 No. 106 pertains to the fees payable for various proceedings and transactions in the High Court of Australia. These regulations apply to both corporations and individuals, with specific differentiation in the fees payable based on the entity type. The amendment to these regulations is part of the overall strategy to increase cost recovery, aligning with government efforts to reduce the budget deficit. It is important to note that the exemption and waiver provisions remain in place to protect those who may face financial hardship, such as recipients of legal aid or income support payments. The amendments to the fees are effective from 1 July 1997, and the calculations for fee increases are based on the Consumer Price Index. Certain fees have been substantially increased, particularly those applicable to corporations, while the existing framework for exemptions and waivers remains unchanged. These regulations fall under the purview of the Judiciary Act 1903 and are issued with the authority of the Attorney-General and Minister for Justice.
Key Provisions
The High Court of Australia (Fees) Regulations (Amendment) 1997 No. 106, as per section 88(ca) of the Judiciary Act 1903, introduce amendments to the existing fees applicable in the High Court of Australia, effective from 1 July 1997. These amendments primarily serve to increase certain fees, aligning with the government's broader strategy to reduce the budget deficit. The amendments ensure that the exemption and waiver provisions, which currently protect individuals receiving legal aid, income support payments, or those who would otherwise suffer financial hardship, remain in place.
Under these Regulations, several key obligations and requirements are imposed on the parties involved. For instance, Regulation 2 mandates that the existing High Court of Australia (Fees) Regulations be amended as specified within the new Regulations. Regulation 3 redefines the term "corporation" to include financial institutions for the purposes of these Regulations, ensuring clarity and consistency in application. Regulation 4 makes a technical amendment to Regulation 5B, ensuring that fee increases are calculated based on the fee in force at the end of the relevant period, rather than during the period.
The Regulations also outline specific fee increases. For example, the hearing fee for a notice of appeal in civil proceedings will increase from $3,000 to $8,000 for corporations and from $1,500 to $4,000 for other parties. Similarly, daily hearing fees for various types of proceedings will see significant increases, with corporate fees rising to $12,000 per day for Full Court proceedings and $3,000 for chamber summons or notice of motion hearings. Other fees, such as those for writs of summons or petitions, and civil leave applications, are also increased to $5,000.
Breaches of these Regulations could result in civil or criminal consequences. While the specific penalties are not detailed in the provided text, typically, non-compliance with statutory fees regulations could lead to fines or other legal actions under the Judiciary Act 1903. The exact penalties would depend on the nature and severity of the breach, as well as any applicable laws and court decisions.