Federal Register of Legislation - Australian Government

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Rules/Court & Tribunal Rules as made
These Rules amend the Federal Circuit Court Rules 2001 to increase the itemised amounts of costs comprised in Schedule 1.
Administered by: Attorney-General's
Made 01 Aug 2018
Registered 03 Aug 2018
Tabled HR 13 Aug 2018
Tabled Senate 13 Aug 2018
Date of repeal 05 Aug 2018
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Federal Circuit Court Amendment (Costs and Other Measures) Rules 2018

We, Judges of the Federal Circuit Court of Australia, make the following Rules of Court.

 

Dated   1 August 2018

Chief Judge Alstergren

Judge Altobelli

Judge Baird

Judge Baker

Judge Barnes

Judge Bender

Judge Betts

Judge Boyle

Judge Brown

Judge Burchardt

Judge Cameron

Judge Cassidy

Judge Coates

            Judge Cole

Judge Curtain

Judge Demack

Judge Driver

Judge Dunkley

Judge Egan

Judge Harland

Judge Harman

Judge Harper

Judge Hartnett

Judge Heffernan

Judge Henderson

Judge Howard

Judge Hughes

Judge A Kelly

Judge C Kelly

Judge Kemp

Judge Kirton

Judge Lapthorn

Judge Lucev

Judge Manousaridis

Judge McGuire

Judge McNab

Judge Mercuri

Judge Middleton

Judge Monahan

Judge Myers

Judge Neville

Judge Obradovic

Judge O’Sullivan

Judge Purdon-Sully

Judge Riethmuller

Judge Riley

Judge Small

Judge Spelleken

Judge Stewart

Judge Street

Judge Terry

Judge Tonkin

Judge Turner

Judge Vasta

Judge Williams

Judge Willis

Judge Wilson

Judge Young

 

Judges of the Federal Circuit
Court of Australia

Dr Stewart Fenwick Chief Executive Officer

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Part 1—Costs                                                                                                                                               2

Federal Circuit Court Rules 2001                                                                                                      2

Part 2—Other amendments                                                                                                                  6

Federal Circuit Court Rules 2001                                                                                                      6

 


1  Name

                   These Rules are the Federal Circuit Court Amendment (Costs and Other Measures) Rules 2018.

2  Commencement

             (1)  Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of these Rules

The day after these Rules are registered.

4 August 2018

Note:          This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.

             (2)  Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.

3  Authority

                   These Rules are made under the Federal Circuit Court of Australia Act 1999.

4  Schedules

                   Each instrument that is specified in a Schedule to these Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to these Rules has effect according to its terms.

Schedule 1Amendments

Part 1Costs

Federal Circuit Court Rules 2001

1  Schedule 1

Repeal the Schedule, substitute:

Schedule 1Costs

Note:       See rules 21.10, 21.16 and 44.15.

Part 1AApplication of this Schedule

  

1  Application of this Schedule

                   This Schedule, as amended by the Federal Circuit Court Amendment (Costs and Other Measures) Rules 2018, applies to work done and services performed after the commencement of this Schedule.

Part 1Family law proceedings and general federal law proceedings

  

 

Costs for family law proceedings and general federal law proceedings

Item

Description

Amount for a family law proceeding (including GST)

Amount for a general federal law proceeding (including GST)

1

Initiating or opposing an application up to the completion of the first court date

Both:

(a) $2,241; and

(b) the daily hearing fee mentioned in item 13 that applies to the hearing

Both:

(a) $2,992; and

(b) the daily hearing fee mentioned in item 13 that applies to the hearing

2

Initiating or opposing an application which includes interim orders (other than procedural orders) up to the completion of the first court date

Both:

(a) $2,802; and

(b) the daily hearing fee mentioned in item 13 that applies to the hearing

Both:

(a) $3,744; and

(b) the daily hearing fee mentioned in item 13 that applies to the hearing

3

Interim or summary hearing—as a discrete event

Note:       This stage applies to an interim application or a summary proceeding of a type not otherwise addressed in this fee structure. It does not include the item 1 or 2 component.

Both:

(a) $1,867; and

(b) the daily hearing fee mentioned in item 13 that applies to the hearing

Both:

(a) $1,867; and

(b) the daily hearing fee mentioned in item 13 that applies to the hearing

4

Up to and including the conciliation conference

$1,867

Not applicable

5

Dispute resolution litigation intervention

$1,867

$3,138

6

Preparation for final hearing—one day matter

$4,775

$6,728

7

Preparation for final hearing—2 day matter

$5,921

$10,111

8

Preparation for final hearing—each additional hearing day after the second hearing day

$1,268

$2,127

9

Final hearing costs for attendance of solicitor at hearing to take judgment. and explain orders

Both:

(a) $305; and

(b) the daily hearing fee mentioned in item 13 that applies to the hearing

Both:

(a) $305; and

(b) the daily hearing fee mentioned in item 13 that applies to the hearing

10

Application for family law location, recovery or enforcement of an order (other than an application for enforcement by a Registrar under item 11)

Both:

(a) $948; and

(b) the daily hearing fee mentioned in item 13 that applies to the hearing

Not applicable

11

Application for enforcement by a Registrar of:

(a) a warrant under rule 25B.22; or

(b) a third party debt notice under rule 25B.40

$627

Not applicable

12

Advocacy loading

50% of the daily hearing fee mentioned in item 13 that applies to the hearing

50% of the daily hearing fee mentioned in item 13 that applies to the hearing

13

Daily hearing fee

Either:

(a) for a short mention—$305; or

(b) for a half day hearing—$1,120; or

(c) for a full day hearing—$2,241

Either:

(a) for a short mention—$305; or

(b) for a half day hearing—$1,120; or

(c) for a full day hearing—$2,241

14

Disbursements—Court fees and other fees and payments to the extent that they have been reasonably incurred

The amount of the fees and payments

The amount of the fees and payments

15

Disbursements—photocopying for each page

$0.77

$0.77

16

Agents fees and travelling costs

Note:       For 2 or more hours travel.

$630

$630

Part 2Child support proceedings

Division 1Application for enforcement order in relation to child support proceedings

 

Costs for child support proceedings

Item

Description

Amount (including GST)

1

Initiating or opposing an application up to the completion of the first court date

Note:       This item includes final hearing of up to one day if it is held on the first court date.

Both:

(a) $2,360; and

(b) the daily hearing fee mentioned in item 6 that applies to the hearing

2

Interim or summary hearing—as a discrete event

Note:       This item applies to an interim application, or a summary proceeding of a type not otherwise addressed in this fee structure such as an application for an order that a proceeding be stayed. It does not include the item 1 component.

Both:

(a) $1,799; and

(b) the daily hearing fee mentioned in item 6 that applies to the hearing

3

Preparation of final hearing for a matter of 2 or more days—for every day after the first court date

$1,222

4

Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders

Both:

(a) $294; and

(b) the daily hearing fee mentioned in item 6 that applies to the hearing

5

Advocacy loading

50% of the daily hearing fee mentioned in item 6 that applies to the hearing

6

Daily hearing fee

Either:

(a) for a short mention—$294; or

(b) for a half day hearing—$1,080; or

(c) for a full day hearing—$2,161

7

Disbursements—Court fees and other fees and payments to the extent that they have been reasonably incurred

The amount of the fees and payments

8

Disbursements—photocopying documents first 10 pages—for each page

$0.77

9

Disbursements—photocopying documents after first 10 pages—for each page

$0.23

10

Agents fees and travelling costs

Note:       For 2 or more hours travel.

$608

Division 2Costs for appeal of a Tribunal or Child Support Registrar decision

 

Costs for an appeal of a Tribunal or Child Support Registrar decision

Item

Description

Amount (including GST)

1

A proceeding concluded at or before the first court date for the proceeding

$1,444

2

A proceeding concluded:

(a) after the first court date for the proceeding; and

(b) at least 4 weeks before the final hearing for the proceeding

$3,604

3

A proceeding concluded at a final hearing

$7,200

Part 3Migration proceedings

Division 1Costs for migration proceedings that have concluded

 

Costs for migration proceedings that have concluded

Item

Description

Amount (including GST)

1

A proceeding concluded at or before the first court date for the proceeding

$1,495

2

A proceeding concluded:

(a) after the first court date for the proceeding; and

(b) at or before the hearing under rule 44.12 or other interlocutory hearing

$3,737

3

A proceeding concluded at a final hearing

$7,467

Division 2Costs for migration proceedings that have been discontinued

 

Costs for migration proceedings that have been discontinued

Item

Description

Amount (including GST)

1

A proceeding in which the notice of discontinuance is filed and served at least 14 days before the first court date for the proceeding

$744

2

A proceeding in which the notice of discontinuance is filed and served:

(a) less than 14 days before the first court date for the proceeding; and

(b) at least 15 days before the hearing under rule 44.12 or other interlocutory hearing

$1,864

3

A proceeding in which the notice of discontinuance is filed and served:

(a) less than 15 days before the hearing under rule 44.12 or other interlocutory hearing; and

(b) at least 15 days before the final hearing

$3,737

4

Any other case

$5,227

Part 2Other amendments

Federal Circuit Court Rules 2001

2  Paragraph 10.01(3)(g)

Repeal the paragraph, substitute:

                     (g)  dispute resolution;

                    (ga)  family counselling;

3  Part 2 of Schedule 3 (after table item 3)

Insert:

3A

rule 6.11

3B

Division 7.3