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Federal Court of Australia Regulations

SR 1978 No. 36 Regulations as amended, taking into account amendments up to SR 1996 No. 254
Registered 25 Mar 2010
Start Date 01 Dec 1996
End Date 15 Dec 1996
Date of repeal 01 Nov 2004
Repealed by Federal Court of Australia Regulations 2004

FEDERAL COURT OF AUSTRALIA REGULATIONS
(#DATE 04:12:1996)

- In force under the Federal Court of Australia Act 1976
- Updated as at 4 December 1996

FEDERAL COURT OF AUSTRALIA REGULATIONS
- TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS Regulation 1. Citation 1A. Interpretation 2. Filing fees etc. 2AA. Setting down fees 2A. Hearing fees 2AB. Biennial increases in fees 2AC. Calculation of increase 2AD. Refund of fees 2B. Notice of decision: review by the Administrative Appeals Tribunal 3. Application SCHEDULE Fees to be taken in the Registry of the Court

FEDERAL COURT OF AUSTRALIA REGULATIONS
- REG 1
Citation

1. These Regulations may be cited as the Federal Court of Australia Regulations.*1*

FEDERAL COURT OF AUSTRALIA REGULATIONS
- REG 1A
Interpretation

1A. In these Regulations, unless the contrary intention appears: "Act" means the Federal Court of Australia Act 1976; "corporation" has the same meaning as in the Corporations Law; "hearing fee" means a fee prescribed by regulation 2A; "Registrar" includes the Deputy Registrar, a District Registrar and a Deputy District Registrar. "setting down fee" means a fee prescribed by regulation 2AA.

FEDERAL COURT OF AUSTRALIA REGULATIONS
- REG 2
Filing fees etc.

2. (1) A fee is payable for an action of the Court, or an officer of the Court, that is specified in an item in the Schedule, being, except as provided by this regulation, regulation 2AA or regulation 2A, the fee specified in column 3 of the item. (Note: These fees are subject to increase under regulation 2AB.)


(1A) Unless the Court, a Judge or Registrar orders otherwise, the fee is payable by the person for whom the action is taken.


(1B) If a corporation is liable to pay a fee under subregulation (1A) (except a fee in respect of item 1, 5, 6, 7, 11, 12 or 14), the amount of the fee payable is twice the amount of the fee set out in column 3 of the relevant item.


(2) A fee is not payable under this regulation upon the filing of a document relating to: (a) a proceeding in the Industrial Division of the Court; (b) a proceeding in the Court in the exercise by the Court of original jurisdiction vested in it by the Bankruptcy Act 1966; (c) a matter that has been remitted to the Court by the High Court in accordance with section 44 of the Judiciary Act 1903; (e) the reference to the Court by the Administrative Appeals Tribunal of a question of law; (f) a proceeding in respect of a criminal matter; (g) an application to the Court for an extension of the time within which a proceeding may be commenced; (h) a proceeding in respect of which a Convention to which Australia is a party provides that a fee shall not be payable; (j) a case stated or a question reserved for the consideration or opinion of the Court; (l) the referral to the Court by the Commissioner of Taxation of an objection decision as defined in section 14ZAB of the Taxation Administration Act 1953.


(2A) A fee is not payable in relation to: (a) an appeal under section 14ZZ of the Taxation Administration Act 1953; or (b) an appeal from a decision of the Administrative Appeals Tribunal in its Taxation Appeals Division; or (c) an appeal from a single Judge to the Full Court in relation to an appeal under section 14ZZ of the Taxation Administration Act 1953;
if the Registrar who receives the appeal is satisfied that the appeal (in this regulation called "the relevant appeal") meets the criteria set out in subregulation (2B).


(2B) The criteria are that: (a) the person lodging the relevant appeal has lodged another appeal and has paid a fee in relation to it; and (b) the same paragraph of subregulation (2A) describes both appeals; and (c) the relevant appeal concerns an issue (other than a procedural issue) that is substantially the same as an issue raised in the other appeal.


(3) A document must not be filed in a Registry of the Court, or a service mentioned in items 11, 12, 13 or 14 in the Schedule must not be provided, unless the fee payable for that filing or service has been paid.


(4) A fee is not payable if: (a) the person liable to pay the fee has been 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 proceedings for which the fee would otherwise be payable; or (b) the person liable to pay the fee is: (i) the holder of one of the following cards issued by the Department of Social Security: (A) a health care card; (B) a health benefit card; (C) a pensioner concession card; (D) a Commonwealth seniors health card; or (ia) the holder of any other card issued by the Department of Social Security or the Department of Veterans' Affairs that certifies entitlement to Commonwealth health concessions; 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 (iv) in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or (v) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; 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 defer the payment of a fee in relation to an application or appeal if, in his or her opinion, filing the application or appeal is attended by urgency that overrides the requirement of payment of the fee at the time of filing.


(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.

FEDERAL COURT OF AUSTRALIA REGULATIONS
- REG 2AA
Setting down fees

2AA. (1) Subject to subregulation (2), if the Court, a Judge or Registrar fixes a date for the hearing of a proceeding, the following fee is payable for the setting down of the proceeding for hearing: (a) for an application or an issue or question in an application: (i) if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation-$2,000; or (ii) in any other case-$1,000; (b) for an appeal (to a single Judge or to the Full Court): (i) if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation-$2,000; or (ii) in any other case-$1,000. (Note: These fees are subject to increase under regulation 2AB.)


(2) A setting down fee is not payable if: (a) the proceeding is of an interlocutory nature only; or (b) a setting down fee has been paid under these Regulations, or under another law of the Commonwealth, for the application or appeal, and has not been refunded; or (c) the matter is an application for admission to practice as a barrister, solicitor or barrister and solicitor; or (d) the proceeding is one to which subregulation 2 (2) applies; or (e) the proceeding is one referred to in subregulation 2 (2A) that meets the criteria in subregulation 2 (2B); or (f) the person liable to pay the fee has been 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 matter to which the hearing fee relates; or (g) the person liable to pay the fee is: (i) the holder of one of the following cards issued by the Department of Social Security: (A) a health care card; (B) a health benefit card; (C) a pensioner concession card; (D) a Commonwealth seniors health card; or (ia) the holder of any other card issued by the Department of Social Security or the Department of Veterans' Affairs that certifies entitlement to Commonwealth health concessions; 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 (iv) in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or (v) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or (h) 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.


(3) The person liable to pay a setting down fee is the applicant or appellant or, if the Court, a Judge or Registrar so orders: (a) another party to the application or appeal, including the applicant or appellant, in the proportions ordered; or (b) each of 2 or more of the parties to the application or appeal, including the applicant or appellant, in the proportions ordered.


(4) If a setting down fee is unpaid: (a) the Court, a Judge or Registrar may order that no proceedings other than specified proceedings, are to take place, except by leave, in the matter to which the application or appeal relates; and (b) a person other than the person liable to pay the fee may pay the fee without affecting any power of the Court, a Judge or Registrar to make an order for costs for the fee; and (c) the Court, a Judge or Registrar may vacate the date fixed for hearing.

FEDERAL COURT OF AUSTRALIA REGULATIONS
- REG 2A
Hearing fees

2A. (1) Subject to subregulation (2), the following daily hearing fee is payable for the hearing of a proceeding: (a) for the hearing of a notice of motion: (i) if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation-$400; or (ii) in any other case-$200;
for each half day or part of a half day of hearing; (b) for the hearing of an application under subsection 35A (5) of the Act to review an exercise of power of the Registrar: (i) if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation-$400; or (ii) in any other case-$200;
for each half day or part of a half day of hearing; (c) for the hearing of an application, an issue or question in an application, or an appeal (whether to a single Judge or to the Full Court): (i) if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation-$800; or (ii) in any other case-$400;
for each day or part of a day of hearing after the first day of hearing. (Note: These fees are subject to increase under regulation 2AB.)


(2) A hearing fee is not payable if: (a) the sole purpose of the hearing is the delivery of a reserved judgement; or (b) a hearing fee has been paid under these Regulations or another law of the Commonwealth for the application or appeal, and has not been refunded; or (c) the matter is an application for admission to practice as a barrister, solicitor or barrister and solicitor; or (d) the proceeding is one to which subregulation 2 (2) applies; or (da) the proceeding is one referred to in subregulation 2 (2A) that meets the criteria in subregulation 2 (2B); or (e) the person liable to pay the fee has been 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 matter to which the hearing fee relates; or (f) the person liable to pay the fee is: (i) the holder of one of the following cards issued by the Department of Social Security: (A) a health care card; (B) a health benefit card; (C) a pensioner concession card; (D) a Commonwealth seniors health card; or (ia) the holder of any other card issued by the Department of Social Security or the Department of Veterans' Affairs that certifies entitlement to Commonwealth health concessions; 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 (iv) in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or (v) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or (g) 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.


(3) The person liable to pay a hearing fee is: (a) the applicant or appellant; or (b) if the Court, a Judge or Registrar so orders: (i) another party to the application or appeal; or (ii) each of 2 or more of the parties to the application or appeal, including the applicant or appellant, in the proportions ordered.


(4) If a hearing fee is unpaid: (a) the Court, a Judge, or Registrar may order that no proceedings, or no proceedings other than specified proceedings, are to take place, except by leave, in the matter to which the application or appeal relates; and (b) a person other than the person liable to pay the fee may pay the fee without affecting any power of the Court, a Judge, or Registrar to make an order for costs for the fee; and (c) the Court, a Judge, or Registrar may vacate the date fixed for hearing.


(5) A hearing fee must be paid: (a) if the hearing day to which the fee relates is scheduled to occur on the next working day after a scheduled hearing day for the proceeding-no later than 9.30 a.m. on the day to which the hearing fee relates; or (b) if the hearing day to which the fee relates is not the next working day after a scheduled hearing day for the proceeding: (i) if the day to which the hearing fee relates is earlier than 2 working days after the day on which the document initiating the proceeding is filed-at the time when the document is filed; or (ii) in any other case-not later than 2 working days before the day to which the hearing fee relates.


(6) In this regulation, "half day" means a period of 3 hours in a scheduled hearing day.

FEDERAL COURT OF AUSTRALIA REGULATIONS
- REG 2AB
Biennial increases in fees

2AB. Despite any other provision of these Regulations, a fee prescribed by regulation 2, 2AA or 2A is increased, in accordance with regulation 2AC, on each biennial anniversary of 1 July 1996.

FEDERAL COURT OF AUSTRALIA REGULATIONS
- REG 2AC
Calculation of increase

2AC. (1) In this regulation: "fee" means a fee prescribed by regulation 2, 2AA or 2A; "CPI number" means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician; "relevant period" means any of the following periods: (a) the 2 year period commencing on 1 July 1996; (b) after that period-each 2 year period commencing on a biennial anniversary of 1 July 1996.


(2) If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula: fee x latest CPI number earlier CPI number
where: "earlier CPI number" is the CPI number for the last March quarter before the beginning of the relevant period; and "fee" is the fee in force at the end of the relevant period; and "latest CPI number" is the CPI number for the last March quarter before the end of the relevant period.


(3) If, apart from this subregulation, the amount of a fee increased under subregulation (2) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.


(4) Subject to subregulation (5), if at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this regulation.


(5) If, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this regulation after the change is made, regard shall be had only to numbers published in terms of the new reference base.

FEDERAL COURT OF AUSTRALIA REGULATIONS
- REG 2AD
Refund of fees

2AD. (1) A person who has paid a setting down fee or a hearing fee is entitled to a refund of the fee if: (a) notice that the hearing of the notice of motion, application or appeal for which the fee was paid will not proceed is given to the Registrar: (i) if the date for hearing was fixed less than 10 working days before that date-not less than 2 working days before the date for hearing; or (ii) in any other case-not less than 10 working days before the date for hearing; and (b) the hearing does not proceed.


(2) A person who has paid a setting down fee or a hearing fee is entitled to a refund of the fee if: (a) despite a notice being given to the Registrar under paragraph (1) (a)-a hearing is conducted for the purpose of making formal orders; or (b) the fee was not payable because of the operation of subregulation 2AA (2) or 2A (2).

FEDERAL COURT OF AUSTRALIA REGULATIONS
- REG 2B
Notice of decision: review by the Administrative Appeals Tribunal

2B. (1) If the Registrar makes a decision under subregulation 2 (2A) or paragraph 2 (4) (c), 2AA (2) (h) or 2A (2) (g), a notice of the decision must be given to the person liable to pay the fee to which the decision relates.


(2) Application may be made to the Administrative Appeals Tribunal for review of a decision of that kind.


(3) If the decision is a decision that an appeal does not meet the criteria set out in subregulation 2 (2B), or a decision not to waive payment of a fee, the notice must: (a) set out reasons for the decision; and (b) 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.


(4) A notice under subregulation (1) must be given within 28 days of the date of the decision.


(5) Failure to include in a notice under subregulation (1) a statement of the kind mentioned in paragraph (3) (b) does not affect the validity of the decision.

FEDERAL COURT OF AUSTRALIA REGULATIONS
- REG 3
Application

3. (1) These Regulations apply to and in relation to: (a) a proceeding commenced in the Court on or after 28 March 1978; and (b) the service or execution of the process of the Court issued or granted on or after that date.


(2) A fee is not payable: (a) under subregulation 2 (1) in respect of a matter specified in item 8 or 9 of the Schedule; or (b) under subregulation 2A (1);
in a proceeding commenced on or before 31 March 1992.

FEDERAL COURT OF AUSTRALIA REGULATIONS
- SCHEDULE

SCH

SCHEDULE Regulation 2 FEES TO BE TAKEN IN THE REGISTRY OF THE COURT Column 1 Column 2 Column 3 Item No. Document or service Fee ($) 1 On filing a document by which proceedings in the Court (other than an appeal from a judgment of the Court or another court, an application for leave or special leave to appeal or an incidental proceeding in the course of, or in connection with, proceedings) are commenced: (a) if a corporation is liable to pay the fee 1,200.00 (b) in any other case 500.00 2 On filing an affidavit or other document originating an application for leave or special leave to appeal 400.00 3 On filing a notice of appeal instituting an appeal from a judgment of the Court or another court where no fee has been paid under item 2 1,000.00 3A On filing a notice of appeal instituting an appeal from a decision of the Administrative Appeals Tribunal 1,000.00 4 On filing a notice of appeal in proceedings in relation to which a fee has been paid under item 2 600.00 5 On making a request for a copy or copies of a document or documents (regardless of the number of documents to which the request relates): (a) for the request 2.50 (b) for each page included in a copy made in accordance with the request 1.00 6 For each service or execution, or attempted service or execution, of the process of the Court by an officer of the Court an amount equal to the amount of any expenses reasonably incurred by that officer in the service or execution, or attempted service or execution, of the process of the Court, together with a charge calculated at the hourly rate of salary payable to an officer of the Court who is involved in the service or execution or attempted service or execution 7 For the seizure and sale of goods by an officer of the Court in the execution of the process of the Court-poundage for each $100.00 value of goods 2.00 8 On filing an application to review a decision of the Registrar, in accordance with subsection 35A (5) of the Act 245.00 9 On filing a notice of motion 123.00 10 On filing a cross claim 800.00 11 For issuing a subpoena to produce or give evidence 40.00 12 For taxing a bill of costs-for every $100.00 or part of $100.00 of the amount claimed in the bill filed 7.50 13 For mediation by a court officer- for the first attendance at the mediation 250.00 14 For each request to search and inspect files of the Court relating to a proceeding or purported proceeding (other than a request by, or on behalf of, a person party to the proceeding or purported proceeding) 20.00 (Note: 1. Subregulation 2 (1B) provides for a fee payable by a corporation in respect of items 2, 3, 3A, 4, 8, 9, 10 or 13 to be twice the fee specified in column 3 of the item.) 2. All fees specified in the Schedule are subject to increase under regulation 2AB.)

FEDERAL COURT OF AUSTRALIA REGULATIONS
- NOTE 1

*1* The Federal Court of Australia Regulations (in force under the Federal Court of Australia Act 1976) as shown in this reprint comprise Statutory Rules 1978 No. 36 amended as indicated in the Tables below. Table of Statutory Rules Year and Date of Date of Application, saving or number notification commencement transitional provisions in Gazette 1978 No. 36 22 Mar 1978 22 Mar 1978 1979 No. 43 21 Mar 1979 21 Mar 1979 - 1982 No. 245 1 Oct 1982 1 Oct 1982 R. 2 1983 No. 339 30 Dec 1983 30 Dec 1983 R. 2 1985 No. 178 24 July 1985 1 Aug 1985 - 1987 No. 22 24 Feb 1987 1 Mar 1987 - 171 31 Aug 1987 1 Sept 1987 - 198 21 Sept 1987 21 Sept 1987 - 1989 No. 154 30 June 1989 1 July 1989 - 328 30 Nov 1989 1 Dec 1989 - 1991 No. 448 19 Dec 1991 1 Apr 1992 R. 6 1992 No. 405 16 Dec 1992 R. 7: 1 Apr 1992 Remainder: 16 Dec 1992 - 1995 No. 417 22 Dec 1995 1 Jan 1996 - 1996 No. 189 30 Aug 1996 1 Sept 1996 - 254 26 Nov 1996 1 Dec 1996 Rr. 3 and 9 Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected R. 1A ad. 1992 No. 405 am. 1996 No. 189 R. 2 am. 1979 No. 43; 1983 No. 339; 1987 Nos. 22 and 198; 1991 No. 448; 1992 No. 405; 1996 Nos. 189 and 254 R. 2AA ad. 1996 No. 189 am. 1996 No. 254 R. 2A ad. 1991 No. 448 am. 1992 No. 405; 1995 No. 417; 1996 Nos. 189 and 254 R. 2AB ad. 1996 No. 189 R. 2AC ad. 1996 No. 189 am. 1996 No. 254 R. 2AD ad. 1996 No. 189 R. 2B ad. 1991 No. 448 rs. 1992 No. 405 am. 1996 No. 189 R. 3 am. 1992 No. 405 Note to Schedule rs. 1996 No. 254 Schedule rs. 1982 No. 245 am. 1985 No. 178; 1987 Nos. 22 and 171; 1989 Nos. 154 and 328; 1991 No. 448 rs. 1995 No. 417; 1996 No. 189 am. 1996 No. 254