Commonwealth Coat of Arms of Australia

Federal Court and Federal Circuit and Family Court Regulations 2012

Select Legislative Instrument No. 280, 2012

made under the

Federal Circuit and Family Court of Australia Act 2021 and the Federal Court of Australia Act 1976

Compilation No. 9

Compilation date: 1 September 2021

Includes amendments up to: F2021L01204

Registered: 21 September 2021

About this compilation

This compilation

This is a compilation of the Federal Court and Federal Circuit and Family Court Regulations 2012 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1.01 Name

1.02 Authority

1.03 Definitions

1.03A Expressions used in this instrument that are defined in the Federal Court Act and the Federal Circuit and Family Court Act

1.04 Meaning of corporation

1.05 Application of Parts 1 and 2

Part 2—Fees

Division 2.1—Fees—general

2.01 Purpose of this Part

2.02 Fees

Division 2.2—Liability to pay fee

2.03 Persons liable to pay fee

2.04 Fee for producing file and copying document

Division 2.3—Reduced fees and exemptions from liability to pay fees

2.05 Persons exempt from paying fee—general

2.06 Persons exempt from paying fee—financial hardship

2.06A Reduced fee or fee exemption for migration proceedings—financial hardship

Division 2.4—When fee is not payable

2.07 Fee not payable by liable person if already paid

2.08 Fee not payable in Federal Court proceeding

2.09 Fee not payable in Federal Circuit and Family Court of Australia (Division 2) proceeding

2.10 When only filing fee is payable

2.11 When filing fee is not payable

2.12 When setting down fee is not payable

2.13 When hearing fee is not payable

Division 2.5—Payment of fees

2.14 When fee must be paid

2.15 Deferral of payment of fees

2.16 Payment of fee on invoice

2.17 Payment of fee in advance

2.18 What happens if fee is not paid

Division 2.6—Miscellaneous

2.19 Refund of fees

2.20 Annual increase in fees

2.21 Notice of decision and AAT review

2.22 Debt due to Commonwealth

Part 3—Remuneration and allowances for jurors and potential jurors—Federal Court

3.01 Purpose of Part

3.02 Remuneration

3.03 Allowances

3.04 Annual increase in juror’s remuneration

Part 4—Miscellaneous

4.01 Prescribed contract limit—Federal Court

4.02 Leave to appeal—prescribed judgments of the Federal Circuit and Family Court of Australia (Division 2)

Part 5—Transitional provisions

5.03 Transitional provisions relating to the Federal Courts Legislation Amendment (Fees) Regulation 2015

5.04 Application provision in relation to the Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations 2018

5.05 Application provision in relation to the Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020

5.07 Application provision relating to the Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021

Schedule 1—Fees

Part 1—Fees for proceedings in the Federal Court

Part 2—Fees for proceedings in the Federal Circuit and Family Court of Australia (Division 2)

Schedule 2—Remuneration and allowances

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1Preliminary

 

1.01  Name

  This instrument is the Federal Court and Federal Circuit and Family Court Regulations 2012.

1.02  Authority

  This instrument is made under the following:

 (a) the Federal Circuit and Family Court of Australia Act 2021;

 (b) the Federal Court of Australia Act 1976.

1.03  Definitions

Note: A number of expressions used in this instrument are defined in the Federal Court Act or the Federal Circuit and Family Court Act.

  In this instrument:

applicant, in relation to a proceeding, means the person who commences the proceeding.

authorised officer, in relation to a power or function, means:

 (a) in relation to the Federal Court—an officer of that court who is authorised by the relevant Registrar of that court to exercise the power or carry out the function; and

 (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the following:

 (i) an officer of that court authorised by the Chief Executive Officer (within the meaning of the Federal Circuit and Family Court Act) to exercise the power or carry out the function;

 (ii) an officer of another court performing the function under an arrangement under section 246 of that Act;

 (iii) an employee of an agency or organisation performing the function under an arrangement under section 247 of that Act.

corporation: see section 1.04.

Federal Circuit and Family Court Act means the Federal Circuit and Family Court of Australia Act 2021.

Federal Court means the Federal Court of Australia.

Federal Court Act means the Federal Court of Australia Act 1976.

Federal Court Rules means the rules made under section 59 of the Federal Court Act.

filing fee means a fee mentioned in any of items 101 to 115C and 201 to 214A of Schedule 1.

hearing fee means a fee mentioned in any of items 117 to 122 and 216 to 218 of Schedule 1.

interlocutory application means an application, other than a crossclaim, in a proceeding that has already commenced.

liable person, in relation to a fee, means the person who is required to pay the fee under section 2.03.

mediation fee means a fee mentioned in item 132 or 224 of Schedule 1.

public authority has the meaning given by subsection 1.04(4).

publicly listed company means a company that is listed on a stock exchange or financial market in any country.

relevant court, in relation to a proceeding, means:

 (a) if the proceeding is in the Federal Court—that court; and

 (b) if the proceeding is in the Federal Circuit and Family Court of Australia (Division 2)—that court.

relevant period means a financial year starting on or after 1 July 2018.

relevant Registrar of a court means:

 (a) in relation to the Federal Court—the following:

 (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Court Act);

 (ii) a District Registrar of the court;

 (iii) a Deputy District Registrar of the court;

 (iv) a Registrar of the court; and

 (b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the following:

 (i) the Chief Executive Officer and Principal Registrar (within the meaning of the Federal Circuit and Family Court Act);

 (ii) a Senior Registrar or Registrar of the court.

setting down fee means a fee mentioned in item 116 or 215 of Schedule 1.

small claims proceeding means a proceeding for which the applicant wants the small claims procedure in section 548 of the Fair Work Act 2009, or section 199 of the National Consumer Credit Protection Act 2009, to apply.

1.03A  Expressions used in this instrument that are defined in the Federal Court Act and the Federal Circuit and Family Court Act

 (1) This section applies if an expression is defined in the Federal Court Act and the Federal Circuit and Family Court Act.

 (2) When used in a provision of this instrument, the expression has the meaning given by whichever of those Acts is appropriate in the context of the application and operation of that provision.

1.04  Meaning of corporation

 (1) In this instrument, corporation includes the following:

 (a) a company;

 (b) a body corporate;

 (c) an unincorporated body that, under the law of the place where the body is formed, may:

 (i) sue or be sued; or

 (ii) hold property in the name of the secretary of the body or an office holder of the body appointed for that purpose;

 (e) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006;

 (f) a trade union.

 (2) However, corporation does not include the following:

 (a) a corporation sole;

 (b) a small business;

 (c) an unincorporated notforprofit association;

 (d) a public authority.

 (3) A corporation is not required to be subject to the Corporations Act 2001 to be a corporation for this instrument.

 (4) In this section:

notforprofit association means a society, club, institution or body that is not formed for the purpose of trading or securing pecuniary profit from its transactions for its members.

public authority means the following:

 (a) a body or authority of the Commonwealth or of a State or Territory, including the following:

 (i) a Department of the Commonwealth or of a State or Territory;

 (ii) a Department of the Parliament established under the Parliamentary Service Act 1999, a Department of the Parliament of a State or a Department of the legislature of a Territory;

 (iii) any other noncorporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013;

 (b) a person representing a body or authority of the Commonwealth or of a State or Territory;

 (c) a Minister for the Commonwealth or for a State or Territory;

 (d) a statutory office holder.

small business means a business with:

 (a) no more than 19 employees; and

 (b) a total turnover of less than $2 million each year.

1.05  Application of Parts 1 and 2

  Parts 1 and 2 apply to a fee for a service that is requested, or for the filing of a document that is lodged, in relation to the following:

 (a) a proceeding in the Federal Court;

 (b) a proceeding in the Federal Circuit and Family Court of Australia (Division 2) (other than a proceeding under the Family Law Act 1975).

Note: See the Family Law (Fees) Regulation 2012 for information about fees in relation to proceedings under the Family Law Act 1975.

Part 2Fees

Division 2.1Fees—general

2.01  Purpose of this Part

  This Part prescribes matters relating to fees for the purposes of:

 (a) subsection 60(1) of the Federal Court Act; and

 (b) paragraphs 285(2)(b), (c) and (d) of the Federal Circuit and Family Court Act.

2.02  Fees

 (1) Schedule 1 sets out the fees payable for the following:

 (a) the filing of a document in relation to a proceeding;

 (b) a service provided in relation to a proceeding by:

 (i) the relevant court; or

 (ii) an officer of the relevant court; or

 (iii) another person acting on behalf of the relevant court.

Note 1: Fees are subject to increase under section 2.20.

Note 2: Fees are not payable in some circumstances: see Division 2.4.

 (2) If the person liable to pay a fee mentioned in an item in Schedule 1 is a corporation, the fee payable is:

 (a) if the corporation is a publicly listed company and a fee is mentioned in the item for a publicly listed company—that fee; or

 (ab) if the corporation is a publicly listed company and a fee is mentioned in the item for a corporation, but not for a publicly listed company—that fee; or

 (b) if the corporation is not a publicly listed company and a fee is mentioned in the item for a corporation—that fee; or

 (c) if no fee is mentioned in the item specifically for a corporation or a publicly listed company—the fee mentioned in the item.

 (3) However, if:

 (a) under section 2.03, a particular fee mentioned in an item in Schedule 1 is payable by more than one person; and

 (b) the item mentions different fees for different persons; and

 (c) at least 2 of the persons mentioned in paragraph (a) are different persons;

the only fee that is payable in relation to that particular fee is the highest fee that applies to any of those persons.

Division 2.2Liability to pay fee

2.03  Persons liable to pay fee

 (1) A fee in relation to a proceeding is payable as set out in this section, unless the relevant court for a proceeding, or a Judge or relevant Registrar of that court, directs otherwise.

Filing fee

 (2) A filing fee is payable by the person for whom the document is filed.

Hearing fee and setting down fee

 (3) A hearing fee or a setting down fee is payable by:

 (a) if the hearing is for a crossclaim or crossappeal only—the crossclaimant or crossappellant; or

 (b) if the hearing is for an interlocutory application—the person who made the interlocutory application; or

 (c) in any other case—the applicant (other than a crossapplicant) or appellant (other than a crossappellant).

 (4) If 2 or more proceedings are set down for hearing together and the hearings are not consolidated:

 (a) only one setting down fee and one hearing fee is payable for all the proceedings; and

 (b) the amount of each of the setting down fee and the hearing fee is apportioned equally between the liable persons for the fee.

Mediation fee

 (5) A mediation fee is payable by the applicant in the proceeding to which the mediation relates.

Fee for taxation of bill of costs—Federal Court

 (6) If:

 (a) a fee mentioned in any of items 128 to 131 of Schedule 1 (taxation of a bill of costs in relation to proceedings in the Federal Court) is payable for a bill of costs in relation to a proceeding; and

 (b) the bill of costs is subject to an estimate, or has been provisionally taxed, under the Federal Court Rules; and

 (c) a party to the proceeding objects to the estimate, or requires a full taxation of the bill of costs, in accordance with those Rules;

the fee is payable by the party mentioned in paragraph (c).

 (7) If more than one party objects to the estimate, or requires a full taxation of the bill of costs, the fee is apportioned between those parties as determined by the relevant Registrar of the Federal Court.

Fee for other service

 (8) A fee for a service:

 (a) mentioned in an item in Schedule 1; and

 (b) not otherwise mentioned in this section;

is payable by the person for whom the service is provided.

2.04  Fee for producing file and copying document

 (1) Despite Divisions 2.3 and 2.4, the fee mentioned in item 123 or 219 of Schedule 1 (the photocopying fee) is payable in all proceedings.

 (2) However, the photocopying fee in relation to a proceeding is not payable if:

 (a) either:

 (i) apart from subsection (1), the liable person would be exempt from paying the fee under section 2.05; or

 (ii) the liable person was exempt under section 2.06 from paying the most recent fee payable in relation to the proceeding; and

 (b) the copy of the document requested:

 (i) is the first copy of that document that the person has requested; or

 (ii) is required for the preparation of appeal papers.

Division 2.3Reduced fees and exemptions from liability to pay fees

2.05  Persons exempt from paying fee—general

 (1) A person is exempt from paying a fee mentioned in Schedule 1 (other than the fee mentioned in item 115C or 214A of Schedule 1) if, at the time the fee is payable, one or more of the following apply:

 (a) the person has been granted legal aid under a legal aid scheme or service:

 (i) established under a law of the Commonwealth or of a State or Territory; or

 (ii) approved by the AttorneyGeneral;

  for the proceeding for which the fee would otherwise be payable;

 (b) the person is the holder of any of the following cards issued by the Commonwealth:

 (i) a health care card;

 (ii) a pensioner concession card;

 (iii) a Commonwealth seniors health card;

 (iv) any other card that certifies the holder’s entitlement to Commonwealth health concessions;

 (c) the person is serving a sentence of imprisonment or is otherwise detained in a public institution;

 (d) the person is younger than 18;

 (e) the person is receiving youth allowance or Austudy payments under the Social Security Act 1991 or benefits under the ABSTUDY Scheme;

 (f) the person has been granted assistance under Part 11 of the Native Title Act 1993 by:

 (i) a representative body within the meaning given by section 253 of that Act; or

 (ii) a person or body to whom funding has been granted under section 203FE of that Act;

  for the proceeding for which the fee would otherwise be payable.

 (2) For paragraph (1)(b), the holder of a card does not include a dependant of the person who is issued the card.

2.06  Persons exempt from paying fee—financial hardship

 (1) If:

 (a) a fee mentioned in Schedule 1 (other than the fee mentioned in item 115C, 201A or 214A of Schedule 1) is payable by an individual in relation to a proceeding; and

 (b) in the opinion of the relevant Registrar or authorised officer of the relevant court at the time the fee is payable, the payment of the fee would cause financial hardship to the individual;

the relevant Registrar or authorised officer may exempt the individual from paying the fee.

 (2) In considering whether payment of a fee would cause financial hardship to an individual, the relevant Registrar or authorised officer must consider the individual’s income, daytoday living expenses, liabilities and assets.

Note: A decision of the relevant Registrar or authorised officer under this section is reviewable by the AAT: see section 2.21.

2.06A  Reduced fee or fee exemption for migration proceedings—financial hardship

 (1) This section applies to a proceeding in the Federal Circuit and Family Court of Australia (Division 2) of a kind mentioned in item 201A of Schedule 1.

 (2) If:

 (a) the full fee mentioned in item 201A of Schedule 1 is payable by an individual in relation to a proceeding; and

 (b) in the opinion of a relevant Registrar or an authorised officer of the Federal Circuit and Family Court of Australia (Division 2) at the time the full fee is payable, the payment of the full fee would cause financial hardship to the individual;

the relevant Registrar or authorised officer may determine that:

 (c) the individual may instead pay the reduced fee specified in that item; or

 (d) if, in the opinion of the relevant Registrar or the authorised officer at that time, the payment of the reduced fee would also cause financial hardship to the individual—the individual is exempt from paying both the full fee and the reduced fee.

 (3) In considering whether payment of a fee would cause financial hardship to an individual, the relevant Registrar or authorised officer must consider the individual’s income, daytoday living expenses, liabilities and assets.

Note: A decision of a relevant Registrar or an authorised officer under subsection (2) is reviewable by the AAT: see section 2.21.

Division 2.4When fee is not payable

2.07  Fee not payable by liable person if already paid

  A fee mentioned in Schedule 1 is not payable by the liable person if another person has paid the fee.

2.08  Fee not payable in Federal Court proceeding

 (1) This section applies to proceedings in the Federal Court.

 (2) A fee mentioned in Schedule 1 is not payable in relation to the following proceedings:

 (a) an appeal from a judgment in relation to an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986;

 (b) an appeal from a judgment in relation to an application made by a person under section 539 of the Fair Work Act 2009 in either of the following circumstances:

 (i) the person has been dismissed from employment in alleged contravention of Part 31 of that Act;

 (ii) the person alleges a breach of section 351 of that Act;

 (c) an appeal from a judgment in relation to an application made by a person under section 539 of the Fair Work Act 2009 if the person has been dismissed from employment in alleged contravention of section 772 of that Act;

 (d) the trying of an election petition under the Aboriginal and Torres Strait Islander Act 2005;

 (e) an application by a person to set aside a subpoena;

 (f) a proceeding under the Child Support (Registration and Collection) Act 1988;

 (fa) an appeal on a question of law from a decision of the Administrative Appeals Tribunal in a child support first review under subsection 44(1) of the Administrative Appeals Tribunal Act 1975;

 (g) a proceeding for which an international convention to which Australia is party provides that no fee is to be payable;

 (h) an application under section 23 of the International Arbitration Act 1974 for the issue of a subpoena.

Taxation proceedings

 (3) A fee mentioned in Schedule 1 is not payable in relation to any of the following kinds of proceedings in the circumstances set out in subsection (4):

 (a) an appeal under section 14ZZ of the Taxation Administration Act 1953;

 (b) an appeal from a decision of the Taxation and Commercial Division of the Administrative Appeals Tribunal;

 (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.

 (4) The circumstances are that a relevant Registrar or authorised officer of the Federal Court is satisfied that:

 (a) the person lodging the appeal has lodged with the court another appeal for which the fee mentioned in Schedule 1 has been paid; and

 (b) both appeals are the same kind of proceeding under subsection (3); and

 (c) the appeal concerns an issue (other than a procedural issue) that is substantially the same as an issue of concern in the other appeal.

Note: A decision of the relevant Registrar or authorised officer under subsection (4) is reviewable by the AAT: see section 2.21.

2.09  Fee not payable in Federal Circuit and Family Court of Australia (Division 2) proceeding

 (1) This section applies to proceedings in the Federal Circuit and Family Court of Australia (Division 2).

 (2) A fee mentioned in Schedule 1 is not payable in relation to the following proceedings:

 (a) an application for an extension of the time within which a proceeding may be commenced;

 (b) a proceeding for which an international convention to which Australia is a party provides that no fee is to be payable;

 (c) an application by a person to set aside a subpoena;

 (d) a proceeding under the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988;

 (e) an appeal on a question of law from a decision of the Administrative Appeals Tribunal in a child support first review under subsection 44AAA(1) of the Administrative Appeals Tribunal Act 1975.

 (3) A fee mentioned in Schedule 1 is not payable in relation to an objection to a subpoenaed document being inspected or copied.

2.10  When only filing fee is payable

 (1) A fee mentioned in Schedule 1 (other than the fee mentioned in item 102 or 202 of Schedule 1) is not payable in relation to an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986.

 (2) A fee mentioned in Schedule 1 (other than the fee mentioned in item 103 or 209 of Schedule 1) is not payable in relation to an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:

 (a) the applicant has been dismissed from employment in alleged contravention of Part 31 of that Act;

 (b) the applicant alleges a breach of section 351 of that Act.

 (3) A fee mentioned in Schedule 1 (other than the fee mentioned in item 104 or 210 of Schedule 1) is not payable in relation to an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act.

 (4) A fee mentioned in Schedule 1 (other than the fee mentioned in any of items 211 to 214) is not payable in relation to a small claims proceeding in the Federal Circuit and Family Court of Australia (Division 2).

2.11  When filing fee is not payable

Federal Court

 (1) A filing fee (other than the fee mentioned in item 115C of Schedule 1) is not payable in relation to the following proceedings in the Federal Court:

 (a) a proceeding in relation to a matter remitted to the Federal Court by the High Court under section 44 of the Judiciary Act 1903;

 (b) a proceeding in relation to a matter referred to the Federal Court by the High Court under subsection 354(1) of the Commonwealth Electoral Act 1918;

 (c) a proceeding in relation to a criminal matter;

 (d) a proceeding in relation to a case stated, or a question reserved, for the consideration or opinion of the Federal Court;

 (e) a proceeding in relation to a referral to the Federal Court of a question of law by a tribunal or body that, under a law of the Commonwealth, may refer questions of law to the Federal Court;

 (f) an application to the Federal Court for an extension of time within which a particular proceeding may be commenced;

 (g) a proceeding transferred from the Federal Circuit and Family Court of Australia (Division 2) by the Federal Court under section 32AC of the Federal Court Act;

 (h) a proceeding:

 (i) transferred by the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court under section 153 of the Federal Circuit and Family Court Act; and

 (ii) whose transfer is confirmed by the Federal Court under section 32AD of the Federal Court Act.

Federal Circuit and Family Court of Australia (Division 2)

 (2) A filing fee (other than the fee mentioned in item 214A of Schedule 1) is not payable in relation to a proceeding in the Federal Circuit and Family Court of Australia (Division 2) if:

 (a) the proceeding is in relation to a matter that:

 (i) was remitted by the High Court to the Federal Court under section 44 of the Judiciary Act 1903; and

 (ii) was subsequently transferred by the Federal Court to the Federal Circuit and Family Court of Australia (Division 2) under section 32AB of the Federal Court Act; or

 (b) the proceeding is in relation to a matter remitted by the High Court to the Federal Circuit and Family Court of Australia (Division 2) under section 44 of the Judiciary Act 1903.

Note: Other fees may be payable in relation to a proceeding mentioned in this section.

2.12  When setting down fee is not payable

Federal Court

 (1) A setting down fee is not payable in relation to a proceeding in the Federal Court if:

 (a) the proceeding is only an interlocutory application; or

 (b) in relation to an application or appeal:

 (i) a setting down fee has already been paid for the application or appeal; or

 (ii) a fee for setting down under another law of the Commonwealth has already been paid for the application or appeal;

  and the fee has not been refunded; or

 (c) the proceeding is an application for admission to practice as a barrister, solicitor, or barrister and solicitor; or

 (d) the proceeding is in relation to a matter that was remitted to the Federal Court by the High Court under section 44 of the Judiciary Act 1903, and:

 (i) it was commenced in the High Court before 1 November 2004; or

 (ii) it was remitted by the High Court in its appellate jurisdiction for rehearing by the Federal Court; or

 (e) the proceeding is an exercise by the Federal Court of its original jurisdiction under the Bankruptcy Act 1966; or

 (f) the proceeding is in relation to a criminal matter; or

 (g) the proceeding is in relation to a case stated, or a question reserved, for the consideration or opinion of the Federal Court; or

 (h) the proceeding is in relation to a referral to the Federal Court of a question of law by a tribunal or body that, under a law of the Commonwealth, may refer questions of law to the Federal Court; or

 (i) the proceeding is an application to the Federal Court for an extension of time within which a particular proceeding may be commenced; or

 (j) both:

 (i) the proceeding is one that is transferred from the Federal Circuit and Family Court of Australia (Division 2) by the Federal Court under section 32AC of the Federal Court Act; and

 (ii) a setting down fee has already been paid in relation to the proceeding; or

 (k) all of the following apply:

 (i) the proceeding is one that is transferred by the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court under section 153 of the Federal Circuit and Family Court Act;

 (ii) the transfer of the proceeding is confirmed by the Federal Court under section 32AD of the Federal Court Act;

 (iii) a setting down fee has already been paid in relation to the proceeding.

Federal Circuit and Family Court of Australia (Division 2)

 (2) A setting down fee is not payable in relation to a proceeding in the Federal Circuit and Family Court of Australia (Division 2) if:

 (a) the proceeding is in relation to a matter that:

 (i) was remitted by the High Court, in the exercise of its appellate jurisdiction, for rehearing by the Federal Court under section 44 of the Judiciary Act 1903; and

 (ii) was subsequently transferred by the Federal Court to the Federal Circuit and Family Court of Australia (Division 2) under section 32AB of the Federal Court Act; or

 (b) the proceeding is in relation to a matter remitted by the High Court, in the exercise of its appellate jurisdiction, for rehearing by the Federal Circuit and Family Court of Australia (Division 2) under section 44 of the Judiciary Act 1903.

Note: Other fees may be payable in relation to a proceeding mentioned in this section.

2.13  When hearing fee is not payable

Federal Court

 (1) A hearing fee is not payable in relation to a proceeding in the Federal Court if:

 (a) the hearing is cancelled before the fee is paid; or

 (b) the sole purpose of the hearing is the delivery of a reserved judgment; or

 (c) in relation to an application or appeal:

 (i) a hearing fee has already been paid for the application or appeal; or

 (ii) a fee for the hearing under another law of the Commonwealth has already been paid for the application or appeal;

  and the fee has not been refunded; or

 (d) the proceeding is an application for admission to practice as a barrister, solicitor or barrister and solicitor; or

 (e) the proceeding is in relation to a matter that was remitted to the Federal Court by the High Court under section 44 of the Judiciary Act 1903, and:

 (i) it was commenced in the High Court before 1 November 2004; or

 (ii) it was remitted by the High Court in its appellate jurisdiction for rehearing by the Federal Court; or

 (f) the proceeding is an exercise by the Federal Court of its original jurisdiction under the Bankruptcy Act 1966; or

 (g) the proceeding is in relation to a criminal matter; or

 (h) the proceeding is in relation to a case stated, or a question reserved, for the consideration or opinion of the Federal Court; or

 (i) the proceeding is in relation to a referral to the Federal Court of a question of law by a tribunal or body that, under a law of the Commonwealth, may refer questions of law to the Federal Court; or

 (j) the proceeding is an application to the Federal Court for an extension of time within which a particular proceeding may be commenced; or

 (k) both:

 (i) the proceeding is one that is transferred from the Federal Circuit and Family Court of Australia (Division 2) by the Federal Court under section 32AC of the Federal Court Act; and

 (ii) a hearing fee has already been paid in relation to the proceeding; or

 (l) all of the following apply:

 (i) the proceeding is one that is transferred by the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court under section 153 of the Federal Circuit and Family Court Act;

 (ii) the transfer of the proceeding is confirmed by the Federal Court under section 32AD of the Federal Court Act;

 (iii) a hearing fee has already been paid in relation to the proceeding.

Federal Circuit and Family Court of Australia (Division 2)

 (2) A hearing fee is not payable in relation to a proceeding in the Federal Circuit and Family Court of Australia (Division 2) if:

 (a) the proceeding is in relation to a matter that:

 (i) was remitted by the High Court, in the exercise of its appellate jurisdiction, for rehearing by the Federal Court under section 44 of the Judiciary Act 1903; and

 (ii) was subsequently transferred by the Federal Court to the Federal Circuit and Family Court of Australia (Division 2) under section 32AB of the Federal Court Act; or

 (b) the proceeding is in relation to a matter remitted by the High Court, in the exercise of its appellate jurisdiction, for rehearing by the Federal Circuit and Family Court of Australia (Division 2) under section 44 of the Judiciary Act 1903.

Note: Other fees may be payable in relation to a proceeding mentioned in this section.

Division 2.5Payment of fees

2.14  When fee must be paid

Filing fee

 (1) A filing fee for a document must be paid before the document is filed.

Setting down fee

 (2) A setting down fee for a hearing in relation to a proceeding must be paid as follows:

 (a) if the hearing day is within 28 days after the day when the hearing day is fixed—within the period, or at the time, approved by the relevant Registrar or authorised officer of the relevant court for the payment of that fee;

 (b) in any other case—no later than 28 days before the hearing day.

Hearing fee

 (3) A hearing fee for a hearing in relation to a proceeding must be paid as follows:

 (a) if the hearing day is more than 2 business days after the day when the hearing day is fixed—no later than close of business for the relevant court on the day that is 2 business days before the hearing day;

 (b) in any other case—no later than 9.30 am on the hearing day.

Fee for service or execution of process, or seizure and sale of goods

 (4) A fee mentioned in any of items 124, 125, 220 and 221 of Schedule 1 must be paid in relation to a proceeding within the period, or at the time, approved by the relevant Registrar or an authorised officer of the relevant court for the payment of that fee.

Fee for other service

 (5) A fee for a service:

 (a) mentioned in an item in Schedule 1; and

 (b) not otherwise mentioned in this section;

must be paid before the service is provided.

2.15  Deferral of payment of fees

 (1) Section 2.14 does not apply to a fee payable in relation to a proceeding if the relevant Registrar or an authorised officer of the relevant court defers the payment of the fee.

 (2) The relevant Registrar or authorised officer may defer the payment of a fee under subsection (1) if the fee is not a fee mentioned in any of items 123 to 125 and 219 to 221 of Schedule 1 and:

 (a) in the opinion of the relevant Registrar or authorised officer:

 (i) for a filing fee for a document—the need to file the document is so urgent that it overrides the requirement to pay the filing fee before the document is filed; or

 (ii) considering the financial circumstances of the person liable to pay the fee, it would be oppressive or otherwise unreasonable to require payment of the fee in accordance with section 2.14; or

 (b) the person liable to pay the fee in relation to the proceeding is represented by a lawyer who is not charging the person in relation to the proceeding.

 (3) If the payment of a fee is deferred, the fee must be paid:

 (a) within 28 days after the day the payment is deferred; or

 (b) within another period approved, in writing, by the relevant Registrar or authorised officer for the payment of that fee.

Note: If a setting down fee in relation to a hearing is deferred and the hearing does not occur, the setting down fee is still payable in accordance with this subsection.

 (4) A fee may be deferred more than once.

 (5) The relevant Registrar or authorised officer may impose conditions on the deferral of the payment of a fee.

Note: A decision of the relevant Registrar or authorised officer under this section is reviewable by the AAT: see section 2.21.

2.16  Payment of fee on invoice

 (1) Section 2.14 does not apply to a person liable to pay a fee mentioned in Schedule 1 in relation to a proceeding if, at the time the fee would be payable under section 2.14, the liable person:

 (a) is an approved user of court services in relation to the relevant court; or

 (b) is represented by a lawyer who is an approved user of court services in relation to the relevant court.

 (2) If the liable person has not paid the fee, the relevant court may:

 (a) if paragraph (1)(a) applies—invoice the person for the fee; or

 (b) if paragraph (1)(b) applies—invoice the person, or the lawyer representing the person, for the fee.

 (3) The approved user of court services must pay the fee within 30 days after the approved user, or the person represented by the approved user, receives the invoice.

Approval of user of court services

 (4) A person or a lawyer is an approved user of court services in relation to the relevant court if the relevant Registrar of that court has approved the person or lawyer for this section.

 (5) In deciding whether to approve a person or lawyer for this section, the relevant Registrar must consider the following:

 (a) the person or lawyer’s financial history with the court, including the frequency of dealings with the court and whether fees have been paid;

 (b) whether the person or lawyer provides a guarantee;

 (c) whether the person or lawyer is, or is likely to be, a regular user of the services of the court;

 (d) the financial circumstances of the person or lawyer;

 (e) any other matter the relevant Registrar considers relevant.

 (6) The relevant Registrar may impose conditions on the approval of the person or lawyer.

2.17  Payment of fee in advance

 (1) A person may pay an amount to the Federal Court or Federal Circuit and Family Court of Australia (Division 2) on account if:

 (a) the person is an approved user of court services in relation to that court under subsection 2.16(4); and

 (b) the person expects to become liable to pay a fee mentioned in Schedule 1 in relation to a proceeding in that court; and

 (c) the relevant Registrar of that court authorises the person to pay fees in advance.

 (2) If an amount is paid under subsection (1), any fees payable by the person must be charged against that amount until the amount is exhausted.

 (3) The relevant Registrar may impose written conditions on the authorisation of a person for this section.

2.18  What happens if fee is not paid

 (1) This section applies if the payment of a fee:

 (a) is not deferred under section 2.15; and

 (b) cannot be invoiced under section 2.16.

 (2) If a person is required to pay a fee mentioned in Schedule 1 in relation to a proceeding before, or at the time of, the filing of a document or the provision of a service for which the fee is payable, the document must not be filed or the service must not be provided until the whole fee is paid.

 (3) However, the relevant court for the proceeding, or a Judge or relevant Registrar of that court, may allow the document to be filed or the service to be provided despite the fee, or part of the fee, not being paid.

 (4) If a setting down fee or a hearing fee, or part of that fee, for a hearing is not paid in relation to a proceeding:

 (a) the relevant court, or a Judge or relevant Registrar of that court, may order that no proceeding, or no proceeding other than a specified proceeding, is to take place except by leave; and

 (b) a person other than the person liable to pay the fee may pay the fee without affecting any power of the relevant court, or of a Judge or relevant Registrar of that court, to make an order for costs for the fee; and

 (c) the relevant court, or a Judge or relevant Registrar of that court, may vacate the hearing day.

Division 2.6Miscellaneous

2.19  Refund of fees

General

 (1) A person is entitled to a refund of an amount in relation to the payment of a fee mentioned in Schedule 1 if the person pays more than the person is required to pay for the fee under this instrument.

 (2) The amount to be refunded is the difference between the amount paid by the person and the amount that the person is required to pay for the fee.

 (3) A person is entitled to the refund of the amount paid by the person as a fee mentioned in Schedule 1 if:

 (a) the fee had already been paid by another person; or

 (b) the fee was not payable under this instrument.

Setting down fee

 (4) A person is not entitled to the refund of the amount paid by the person as a setting down fee for a hearing in relation to a proceeding if the first hearing day fixed by the setting down, or a hearing day fixed in place of the first hearing day, does not occur.

Hearing fees—hearings not commenced

 (5) A person is entitled to the refund of the amount paid by the person as a hearing fee for a hearing that has not commenced in relation to a proceeding if:

 (a) the person notifies the relevant Registrar or an authorised officer of the relevant court, in accordance with subsection (6), that the hearing will not occur or will occur only for the purpose of making formal orders; and

 (b) the hearing does not occur or occurs only for the purpose of making formal orders.

 (6) The person must notify the relevant Registrar or authorised officer in writing:

 (a) if the hearing day was fixed less than 10 business days before the hearing day—at least 2 business days before the hearing day; and

 (b) in any other case—at least 10 business days before the hearing day.

 (7) Despite subsection (5), a relevant Registrar or authorised officer may refund a hearing fee for a hearing that has not commenced if:

 (a) the person who paid the hearing fee has not notified the relevant Registrar or authorised officer in accordance with paragraph (5)(a) and subsection (6); and

 (b) the relevant Registrar or authorised officer is satisfied that the reason the person has not notified the relevant Registrar or authorised officer is not the fault of the person; and

 (c) the hearing does not occur or occurs only for the purpose of making formal orders.

 (8) For subsections (5) and (7), formal orders means orders finalising the proceedings that were to be the subject of the hearing.

Hearing fees—hearings commenced

 (9) A person is entitled to the refund of the amount paid by the person as a hearing fee for a hearing day for a hearing that has commenced if:

 (a) the proceeding is settled or discontinued before the hearing day; or

 (b) the hearing day does not proceed for some other reason.

Example: If a person pays hearing fees in advance for 20 hearing days, but the proceeding finishes after 10 hearing days, a person is entitled to a refund of the hearing fees paid for the unused hearing days.

Mediation fee

 (10) A person is entitled to the refund of the amount paid by the person as a mediation fee in relation to a proceeding if:

 (a) the mediation does not proceed on the occasion for which the fee was paid; and

 (b) the relevant court, or a Judge or relevant Registrar of that court, orders a refund of the fee.

Note: A decision of the relevant Registrar or authorised officer under subsection (7) is reviewable by the AAT: see section 2.21.

2.20  Annual increase in fees

 (1) The amount of each fee mentioned in Schedule 1, other than the fees mentioned in any of items 102 to 104, 107, 124, 201A, 202, 209, 210 and 220, is increased on 1 July 2019, and on each 1 July following that day.

 (1A) The amount of each fee mentioned in item 201A of Schedule 1 is increased on 1 July 2021, and on each 1 July following that day.

Fees other than reduced fees

 (1B) Subsections (2) and (3) apply to a fee mentioned in Schedule 1 other than:

 (a) the fees mentioned in any of items 102 to 104, 107, 124, 202, 209, 210 and 220 of that Schedule; and

 (b) the reduced fee mentioned in item 201A of that Schedule.

 (2) If, in a relevant period, the latest CPI number is greater than the earlier CPI number, the fee is increased, on 1 July immediately following the end of the period, in accordance with the formula:

  

where:

earlier CPI number is the CPI number for the last March quarter before the start of the relevant period.

fee is the fee in force at the end of the relevant period.

latest CPI number is the CPI number for the last March quarter before the end of the relevant period.

 (3) The amount of the fee worked out under subsection (2) is to be rounded to an amount of dollars and cents and then further rounded as follows:

 (a) if the amount is $50 or more—the amount is to be rounded to the nearest amount that is a multiple of $5;

 (b) if the amount is less than $50—the amount is to be rounded to the nearest whole dollar;

 (c) if the amount to be rounded is 50 cents, the amount is to be rounded down.

Reduced fees

 (3A) If the full fee mentioned in item 201A of Schedule 1 is increased and rounded under subsections (2) and (3), the reduced fee mentioned in that item is increased in accordance with subsection (3B) at the same time.

 (3B) The increased reduced fee is half the amount of the full fee (as increased and rounded under subsections (2) and (3)), rounded down to the nearest multiple of $5.

Other rules

 (4) If the Australian Statistician publishes for a particular March quarter a CPI number in substitution for a CPI number previously published by the Australian Statistician for that quarter, the publication of the later CPI number is disregarded for this section.

 (5) However, if the Australian Statistician changes the reference base for the Consumer Price Index, then for the application of this section after the change is made, regard must be had only to CPI numbers published in terms of the new reference base.

Definitions

 (6) In this section:

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.

March quarter means a period of 3 months ending at the end of March.

2.21  Notice of decision and AAT review

 (1) A relevant Registrar or an authorised officer must give a person liable to pay a fee mentioned in Schedule 1 a notice in accordance with this section if the relevant Registrar or authorised officer makes a decision about the payment of the fee under:

 (a) section 2.06, 2.06A or 2.15; or

 (b) subsection 2.08(4) or 2.19(7).

 (2) The relevant Registrar or authorised officer must give the notice to the liable person within 28 days after making the decision.

 (3) The notice must set out:

 (a) the decision; and

 (b) a statement that the liable person may apply to the Administrative Appeals Tribunal for review of the decision; and

 (c) reasons for the decision.

 (4) Paragraphs (3)(b) and (c) only apply if the decision is:

 (a) to not exempt a person from paying a fee; or

 (b) to not defer the payment of a fee; or

 (c) to not refund a fee that has been paid.

 (5) The liable person may apply to the Administrative Appeals Tribunal for review of the decision.

 (6) Failure to comply with paragraph (3)(b) does not affect the validity of the decision.

2.22  Debt due to Commonwealth

  Any fee mentioned in Schedule 1 that is not paid in accordance with this instrument is recoverable by the Commonwealth as a debt due to the Commonwealth.

Part 3Remuneration and allowances for jurors and potential jurors—Federal Court

 

3.01  Purpose of Part

  For section 23EH of the Federal Court Act, this Part provides for remuneration and allowances to be payable to jurors and potential jurors in relation to proceedings in the Federal Court.

3.02  Remuneration

 (1) Schedule 2 sets out the remuneration that is payable to jurors and potential jurors.

Note: Remuneration is subject to increase under section 3.04.

 (2) The amounts mentioned in Schedule 2 are payable:

 (a) for each day that a juror or potential juror attends court; and

 (b) for each day, to a maximum of 5 days, that a juror or potential juror is not required to attend court.

3.03  Allowances

 (1) The amounts mentioned in Schedule 2 include travel and refreshment allowances.

 (2) However, if a juror or potential juror is required to travel more than 30 km(by the shortest practical route) from his or her usual place of residence to the Federal Court, the juror or potential juror may apply to the Sheriff of the Federal Court for reimbursement of reasonable travel costs.

 (3) The Sheriff of the Federal Court may approve:

 (a) when the claim for reimbursement of travel costs may be submitted; and

 (b) the form of the claim; and

 (c) the information or documents that must be submitted with the claim.

 (4) If the Sheriff of the Federal Court does not, under paragraph (3)(a), approve when the claim may be submitted, a claim for reimbursement of travel costs may be submitted within 5 days of the juror or potential juror incurring the travel costs.

3.04  Annual increase in juror’s remuneration

 (1) The amount of remuneration set out in Schedule 2 is increased on 1 July 2019, and on each 1 July following that day.

 (2) If, in a relevant period, the latest CPI number is greater than the earlier CPI number, the remuneration increases, on 1 July immediately following the end of the period, in accordance with the formula:

  

where:

earlier CPI number is the CPI number for the last March quarter before the start of the relevant period.

latest CPI number is the CPI number for the last March quarter before the end of the relevant period.

remuneration is the amount of remuneration in force at the end of the relevant period.

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

 (4) If the Australian Statistician publishes for a particular March quarter a CPI number in substitution for a CPI number previously published by the Australian Statistician for that quarter, the publication of the later CPI number is disregarded for this section.

 (5) However, if the Australian Statistician changes the reference base for the Consumer Price Index, then for the application of this section after the change is made, regard must be had only to CPI numbers published in terms of the new reference base.

 (6) In this section:

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.

March quarter means a period of 3 months ending at the end of March.

Part 4Miscellaneous

 

4.01  Prescribed contract limit—Federal Court

  For the purposes of subsection 18A(4) of the Federal Court Act, the amount of $1 million is prescribed.

4.02  Leave to appeal—prescribed judgments of the Federal Circuit and Family Court of Australia (Division 2)

 (1) For the purposes of paragraphs 28(1)(b) and (3)(e) of the Federal Circuit and Family Court Act, the following judgments are prescribed:

 (a) an interlocutory decree (other than a decree in relation to a child welfare matter);

 (b) an order under section 102PE, 102QF or 102QG of the Family Law Act 1975.

 (2) In this section:

child welfare matter means a matter relating to the following:

 (a) the person or persons with whom a child is to live;

 (b) the person or persons with whom a child is to spend time or communicate;

 (c) any other aspect of parental responsibility (within the meaning of Part VII of the Family Law Act 1975) for a child.

Part 5Transitional provisions

 

5.03  Transitional provisions relating to the Federal Courts Legislation Amendment (Fees) Regulation 2015

  The amendments made by Part 1 of Schedule 1 to the Federal Courts Legislation Amendment (Fees) Regulation 2015 apply in relation to the liability of a person to pay any of the following fees:

 (a) a filing fee for filing a document on or after 1 July 2015;

 (b) a setting down fee for a hearing if the hearing day is fixed on or after 1 July 2015;

 (c) a hearing fee for a day, or a part of a day, if the day (or part of the day) is fixed on or after 1 July 2015;

 (d) a mediation fee for an attendance that is fixed on or after 1 July 2015;

 (e) any other fee under this instrument for a service that is provided in relation to a proceeding on or after 1 July 2015.

5.04  Application provision in relation to the Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations 2018

  The amendments of Schedule 1 made by the Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations 2018 apply in relation to the liability of a person to pay any of the following fees:

 (a) a filing fee for filing a document on or after 1 July 2018;

 (b) a setting down fee for a hearing if the hearing day is fixed on or after 1 July 2018;

 (c) a hearing fee for a day, or a part of a day, if the day (or part of the day) is fixed on or after 1 July 2018;

 (d) a mediation fee for an attendance fixed on or after 1 July 2018;

 (e) any other fee under this instrument for a service provided on or after 1 July 2018.

5.05  Application provision in relation to the Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020

  The amendments made by the Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020 apply in relation to the liability of a person to pay a filing fee for filing a document on or after 1 January 2021.

5.07  Application provision relating to the Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021

  The amendments of this instrument made by Schedule 1 to the Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021 apply in relation to the liability of a person to pay any of the following fees:

 (a) a filing fee for filing a document on or after 1 September 2021;

 (b) a setting down fee for a hearing if the hearing day is fixed on or after 1 September 2021;

 (c) a hearing fee for a day, or a part of a day, if the day (or part of the day) is fixed on or after 1 September 2021;

 (d) any other fee under this instrument for a service that is provided in relation to a proceeding on or after 1 September 2021.

Schedule 1Fees

Note: See section 2.02.

Part 1Fees for proceedings in the Federal Court

 

  The following table sets out fees payable in relation to proceedings in the Federal Court.

 

Fees for proceedings in the Federal Court

Item

Document or service

Fee

101

Filing of a document by which a proceeding in the Federal Court is commenced, other than:

(a) a proceeding or application mentioned in item 102 to 104, 112, 113 or 115 to 115B; or

(b) an appeal from a judgment of a court; or

(c) an application for leave or special leave to appeal; or

(d) an incidental proceeding in the course of, or in connection with, a proceeding; or

(e) an application under the TransTasman Proceedings Act 2010

(a) for a corporation—$4,045

(b) in any other case—$1,390

102

Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986

$55

103

Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:

(a) the applicant has been dismissed from employment in alleged contravention of Part 31 of that Act;

(b) the applicant alleges a breach of section 351 of that Act

The fee prescribed under subsection 395(2) of the Fair Work Act 2009 for the filing of the application

104

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act

The fee prescribed under subsection 395(2) of the Fair Work Act 2009 for the filing of the application

105

Filing of a bill of costs

$445

106

Filing of an affidavit or other document originating an application for leave or special leave to appeal

(a) for a corporation—$4,035

(b) in any other case—$1,870

107

Filing of a notice of appeal commencing an appeal from a judgment of a court if no fee has been paid under item 106

(a) for a corporation—an amount equal to the sum of the fees mentioned in items 106 and 109 for a corporation

(b) in any other case—an amount equal to the sum of the fees mentioned in items 106 and 109 for a person other than a corporation

108

Filing of a notice of appeal commencing an appeal from a decision of the Administrative Appeals Tribunal

(a) for a corporation—$10,095

(b) in any other case—$4,675

109

Filing of a notice of appeal in a proceeding in relation to which a fee has been paid under item 106

(a) for a corporation—$6,065

(b) in any other case—$2,805

110

Filing of an application to review a decision of the relevant Registrar of the Federal Court under subsection 35A(5) of the Federal Court Act

(a) for a corporation—$1,645

(b) in any other case—$675

111

Filing of:

(a) an interlocutory application, other than an interlocutory application mentioned in another item; or

(b) an application under the TransTasman Proceedings Act 2010, other than an application mentioned in item 115C

(a) for a corporation—$1,240

(b) in any other case—$505

112

Filing of a document by which a proceeding in the Federal Court under the Bankruptcy Act 1966 is commenced

(a) for a publicly listed company—$5,630

(b) for a corporation—$3,755

(c) for a public authority—$3,755

(d) in any other case—$1,565

113

Filing of an application for an order for substituted service of a bankruptcy notice

(a) for a publicly listed company—$1,250

(b) for a corporation—$830

(c) for a public authority—$830

(d) in any other case—$350

114

Filing of a crossclaim

(a) for a corporation—$4,045

(b) in any other case—$1,390

115

Filing of an urgent application without notice, by a person (the prospective applicant) who intends to commence a proceeding, for any of the following:

(a) if the proceeding relates to property—an order:

(i) for the detention, custody, preservation or inspection of property; or

(ii) to authorise a person to enter land, or do an act or thing, to give effect to the order;

(b) if the proceeding relates to the right of the prospective applicant to an amount in a fund—an order that the amount in the fund be paid into the Federal Court or otherwise secured

(a) for a corporation—$7,085

(b) in any other case—$2,570

115A

Filing of an application, including an interlocutory application, for an order:

(a) restraining a person from removing, disposing of, dealing with, or diminishing the value of, assets; or

(b) for the purpose of preventing the frustration or inhibition of the Court’s process by seeking to meet a danger that a judgment or prospective judgment of the Court will be wholly or partly unsatisfied

(a) for a corporation—$7,085

(b) in any other case—$2,570

115B

Filing of an application, including an interlocutory application, for an order for the purpose of securing or preserving evidence and requiring a person to permit other persons to enter premises for the purpose of securing the preservation of evidence that is, or may be, relevant to an issue in a proceeding or anticipated proceeding

(a) for a corporation—$7,085

(b) in any other case—$2,570

115C

Filing of an application to register a New Zealand judgment under the TransTasman Proceedings Act 2010

$125

116

Setting down for hearing a proceeding (including an application, appeal, crossclaim or crossappeal) or an issue in question in a proceeding

(a) for a corporation—$6,760

(b) in any other case—$2,780

117

For the hearing of an application (including a crossclaim) under subsection 35A(5) of the Federal Court Act—for each day or part of a day

(a) for a corporation—$2,700

(b) in any other case—$1,100

118

For the hearing of an application (including a crossclaim) other than:

(a) an application mentioned in item 117; or

(b) an issue or question in such an application; or

(c) an appeal (including a crossappeal);

for the second, third and fourth days, or part of those days

(a) for a corporation—$2,700

(b) in any other case—$1,100

119

For the hearing of an application (including a crossclaim) other than:

(a) an application mentioned in item 117; or

(b) an issue or question in such an application; or

(c) an appeal (including a crossappeal);

for the fifth, sixth, seventh, eighth and ninth days, or part of those days

(a) for a corporation—$4,870

(b) in any other case—$1,845

120

For the hearing of an application (including a crossclaim) other than:

(a) an application mentioned in item 117; or

(b) an issue or question in such an application; or

(c) an appeal (including a crossappeal);

for the tenth, 11th, 12th, 13th and 14th days, or part of those days

(a) for a corporation—$9,595

(b) in any other case—$3,710

121

For the hearing of an application (including a crossclaim) other than:

(a) an application mentioned in item 117; or

(b) an issue or question in such an application; or

(c) an appeal (including a crossappeal);

for the 15th and subsequent days, or part of the 15th and subsequent days

(a) for a corporation—$14,395

(b) in any other case—$5,565

121A

For the hearing for an examination by a relevant Registrar of the Federal Court under section 50 or 81 of the Bankruptcy Act 1966—for each day or part of a day

(a) for a publicly listed company—$4,060

(b) for a corporation—$2,700

(c) for a public authority—$2,700

(d) in any other case—$1,100

122

For the hearing for an examination by a relevant Registrar of the Federal Court under Division 1 of Part 5.9 of the Corporations Act 2001—for each day or part of a day

(a) for a corporation—$2,700

(b) in any other case—$1,100

123

On request, production of file of the Federal Court and the making of a copy or copies of a document or documents in the file (regardless of the number of documents to which the request relates)

(a) for the production of the file—$50

(b) for each page included in a copy made in accordance with the request—$1

124

For each service or execution, or attempted service or execution, of process of the Federal Court by an officer of the Federal Court

An amount equal to:

(a) the amount of any expenses reasonably incurred by the officer in the service or execution, or attempted service or execution, of the process; and

(b) a charge worked out at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution

125

For the seizure and sale of goods by an officer of the Federal Court in the execution of process of the court (except in relation to a proceeding under the Admiralty Act 1988)

$1,210

126

For issuing a subpoena

(a) for a corporation—$235

(b) in any other case—$120

127

For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966, to attend an examination about a debtor’s examinable affairs

(a) for a publicly listed company—$780

(b) for a corporation—$510

(c) for a public authority—$510

(d) in any other case—$255

128

For taxation of a bill of costs in which the amount claimed in the bill is $10,000 or less

$1,320

129

For taxation of a bill of costs in which the amount claimed in the bill is more than $10,000 and no more than $100,000

$4,515

130

For taxation of a bill of costs in which the amount claimed in the bill is more than $100,000 and no more than $500,000

$5,155

131

For taxation of a bill of costs in which the amount claimed in the bill is more than $500,000

$5,805

132

For mediation by an officer of the Federal Court—for each attendance at the mediation

(a) for a corporation—$2,115

(b) in any other case—$905

Note: The fees mentioned in this Part (other than the fees mentioned in items 102, 103, 104, 107 and 124) are subject to annual increase under section 2.20.

Part 2Fees for proceedings in the Federal Circuit and Family Court of Australia (Division 2)

 

  The following table sets out fees payable in relation to proceedings in the Federal Circuit and Family Court of Australia (Division 2).

 

Fees for proceedings in the Federal Circuit and Family Court of Australia (Division 2)

Item

Document or service

Fee

201

Filing of a document by which a proceeding in the Federal Circuit and Family Court of Australia (Division 2) seeking final orders is commenced, other than:

(a) a proceeding mentioned in any of items 201A, 202, 204 to 206 and 208 to 214; or

(b) an application under the TransTasman Proceedings Act 2010

(a) for a corporation—$1,605

(b) in any other case—$665

201A

Filing of a document by which a proceeding is commenced in the Federal Circuit and Family Court of Australia (Division 2) seeking final orders in exercise of:

(a) the Court’s jurisdiction under section 476 of the Migration Act 1958; or

(b) the Court’s jurisdiction in relation to a nonprivative clause decision (within the meaning of the Migration Act 1958) under:

(i) section 44AA of the Administrative Appeals Tribunal Act 1975; or

(ii) section 8 of the Administrative Decisions (Judicial Review) Act 1977.

(a) full fee—$3,330; or

(b) if a relevant Registrar or an authorised officer has determined that the person may pay a reduced fee under section 2.06A—$1,665

202

Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986

$55

203

Filing of a bill of costs

$255

204

Filing of:

(a) a document seeking interlocutory, interim or procedural orders (other than a proceeding mentioned in item 202); or

(b) an application under the TransTasman Proceedings Act 2010, other than an application mentioned in item 214A

(a) for a corporation—$965

(b) in any other case—$390

205

Filing of an application to review an exercise of power by a delegate of the Federal Circuit and Family Court of Australia (Division 2) under subsection 256(1) of the Federal Circuit and Family Court Act

(a) for a corporation—$965

(b) in any other case—$390

206

Filing of a document by which a proceeding in the Federal Circuit and Family Court of Australia (Division 2) under the Bankruptcy Act 1966 is commenced

(a) for a publicly listed company—$5,630

(b) for a corporation—$3,755

(c) for a public authority—$3,755

(d) in any other case—$1,565

207

Filing, by a person other than the applicant, of a document seeking the making of final orders different from those sought by the applicant (other than in a proceeding mentioned in item 202)

(a) for a corporation—$1,605

(b) in any other case—$655

208

Filing of an application for an order for substituted service of a bankruptcy notice

(a) for a publicly listed company—$630

(b) for a corporation—$420

(c) for a public authority—$420

(d) in any other case—$165

209

Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:

(a) the applicant has been dismissed from employment in alleged contravention of Part 31 of that Act;

(b) the applicant alleges a breach of section 351 of that Act

The fee prescribed under subsection 395(2) of the Fair Work Act 2009

210

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act

The fee prescribed under subsection 395(2) of the Fair Work Act 2009

211

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 548 of that Act to apply and the claim is less than $10,000

$235

212

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 548 of that Act to apply and the claim is between $10,000 and $20,000

$385

212A

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 548 of that Act to apply and the proceedings relate to one or more of the matters mentioned in paragraph 548(1B)(a) of that Act (other than a proceeding mentioned in item 212)

$245

213

Filing of an application under the National Consumer Credit Protection Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 199 of that Act to apply and the claim is less than $10,000

$235

214

Filing of an application under the National Consumer Credit Protection Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 199 of that Act to apply and the claim is between $10,000 and $20,000

$385

214A

Filing of an application to register a New Zealand judgment under the TransTasman Proceedings Act 2010

$125

215

Setting down for hearing for final orders of a proceeding or an issue in question in a proceeding (other than a proceeding under the Bankruptcy Act 1966 or a proceeding mentioned in item 202)

(a) for a corporation—$1,920

(b) in any other case—$795

216

For hearing for final orders of a proceeding or an issue in question in a proceeding (other than a proceeding under the Bankruptcy Act 1966 or a proceeding mentioned in item 202)—for each hearing day or part of a hearing day (other than the first hearing day)

(a) for a corporation—$1,920

(b) in any other case—$795

217

For the hearing for an examination by a relevant Registrar of the Federal Circuit and Family Court of Australia (Division 2) under section 50 or 81 of the Bankruptcy Act 1966—for each day or part of a day

(a) for a publicly listed company—$2,895

(b) for a corporation—$1,920

(c) for a public authority—$1,920

(d) in any other case—$795

218

For the hearing of an application (including a crossclaim) under subsection 256(2) of the Federal Circuit and Family Court Act—for each day or part of a day

(a) for a corporation—$1,920

(b) in any other case—$795

219

On request, production of a file of the Federal Circuit and Family Court of Australia (Division 2) and the making of a copy or copies of a document or documents in the file (regardless of the number of documents to which the request relates)

(a) for the production of the file—$50

(b) for each page included in a copy made in accordance with the request—$1

220

Each service or execution, or attempted service or execution, of the process of the Federal Circuit and Family Court of Australia (Division 2) by an officer of the court (other than in a proceeding mentioned in item 202)

An amount equal to:

(a) the amount of any expenses reasonably incurred by the officer in the service or execution, or attempted service or execution, of the process; and

(b) a charge worked out at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution

221

Seizure and sale of goods by an officer of the Federal Circuit and Family Court of Australia (Division 2) in the execution of the process of the court (other than in relation to a proceeding under the Admiralty Act 1988 or a proceeding mentioned in item 202)

$610

222

For issuing a subpoena

(a) for a corporation—$155

(b) in any other case—$80

223

For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966, to attend an examination about a debtor’s examinable affairs

(a) for a publicly listed company—$780

(b) for a corporation—$510

(c) for a public authority—$510

(d) in any other case—$255

224

Mediation by an officer of the Federal Circuit and Family Court of Australia (Division 2) (other than in a proceeding mentioned in item 202)—for each attendance at the mediation

$535

Note: The fees mentioned in this Schedule (other than the fees mentioned in items 202, 209, 210 and 220) are subject to annual increase under section 2.20.

Schedule 2Remuneration and allowances

(section 3.02)

 

 

Item

Matter for which payment is made

Amount payable

1

Attendance on the first day of a trial:

 

 

(a) for 4 hours or less; or

Half the amount mentioned in item 2

 

(b) for more than 4 hours

The amount mentioned in item 2

2

Attendance on each day of a trial for days 2, 3, 4 and 5

$113

3

Attendance on each day of a trial for days 6, 7, 8, 9 and 10

$124

4

Attendance on each day of a trial after day 10

$137

5

Attendance on the last day of a trial, if required to serve for more than 8 hours (excluding adjournments for meals):

 

 

(a) for an additional period of up to 4 hours; or

The amount mentioned for the day in another item plus half the amount mentioned for that day

 

(b) for an additional period of more than 4 hours

Double the amount mentioned for the day in another item

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Federal Court and Federal Magistrates Court Regulation 2012 (SLI No. 280, 2012)

11 Dec 2012 (F2012L02411)

1 Jan 2013 (s 1.02)

 

TransTasman Proceedings Legislation Amendment Regulation 2012 (No. 2) (SLI No. 284, 2012)

11 Dec 2012 (F2012L02412)

Sch 2: 11 Oct 2013 (s 2)

as amended by

 

 

 

Federal Circuit Court of Australia Legislation (Consequential Amendments) Regulation 2013 (No. 1) (SLI No. 51, 2013)

11 Apr 2013 (F2013L00649)

Sch 2 (item 2): 11 Oct 2013 (s 2 item 3)

Federal Circuit Court of Australia Legislation (Consequential Amendments) Regulation 2013 (No. 1) (SLI No. 51, 2013)

11 Apr 2013 (F2013L00649)

Sch 1 (items 59–65): 12 Apr 2013 (s 2 item 2)
Sch 2 (item 1): 11 Oct 2013 (s 2 item 3)

Federal Courts Legislation Amendment (Fees) Regulation 2015 (SLI No. 70, 2015)

2 June 2015 (F2015L00780)

Sch 1: 1 July 2015 (s 2(1) item 1)

Tribunals Legislation Amendment (Amalgamation) Regulation 2015 (SLI No. 95, 2015)

26 June 2015 (F2015L00953)

Sch 1 (items 1–3): 1 July 2015 (s 2(1) item 1)

Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016

29 Feb 2016 (F2016L00170)

Sch 1 (item 18): 5 Mar 2016 (s 2(1) item 1)

Courts Administration (Consequential Amendments) Regulation 2016

10 May 2016 (F2016L00767)

Sch 1 (item 2): 1 July 2016
(s 2(1) item 2)

Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations 2018

21 June 2018 (F2018L00819)

Sch 1 (items 30–83): 1 July 2018 (s 2(1) item 1)

Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020

11 Nov 2020 (F2020L01416)

1 Jan 2021 (s 2(1) item 1)

Fair Work and Other Legislation Amendment Regulations 2021

14 May 2021 (F2021L00580)

Sch 1 (item 4): 15 May 2021 (s 2(1) item 1)

Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021

30 Aug 2021 (F2021L01204)

Sch 1 (items 1–43, 82): 1 Sept 2021 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 1.01...................

am No. 51, 2013

 

rs F2021L01204

s 1.02...................

rep LIA s 48D

 

ad F2021L01204

s 1.03...................

am No. 284, 2012; No 51, 2013; No 70, 2015; F2016L00767; F2018L00819; F2021L01204

s 1.03A..................

ad F2021L01204

s 1.04...................

am No 70, 2015; F2021L01204

s 1.05...................

am No 51, 2013

 

rs F2021L01204

Part 2

 

Division 2.1

 

s 2.01...................

am No. 51, 2013

 

rs F2021L01204

s 2.02...................

am No 70, 2015; F2021L01204

Division 2.2

 

s 2.03...................

am No. 51, 2013; F2021L01204

Division 2.3

 

Division 2.3 heading.........

rs F2020L01416

s 2.05...................

am No 284, 2012

s 2.06...................

am No 284, 2012; F2020L01416; F2021L01204

s 2.06A..................

ad F2020L01416

 

am F2021L01204

Division 2.4

 

s 2.08...................

am No 70, 2015; No 95, 2015; F2018L00819; F2021L01204

s 2.09...................

am No. 51, 2013; No 95, 2015; F2021L01204

s 2.10...................

am No. 51, 2013; F2021L01204

s 2.11...................

am No. 284, 2012; No 51, 2013; F2021L01204

s 2.12...................

am No. 51, 2013; F2021L01204

s 2.13...................

am No. 51, 2013; F2018L00819; F2021L01204

Division 2.5

 

s 2.14...................

am F2021L01204

s 2.15...................

am F2021L01204

s 2.16...................

am F2021L01204

s 2.17...................

am No. 51, 2013; F2021L01204

s 2.18...................

am No. 51, 2013; F2021L01204

Division 2.6

 

s 2.19...................

am No. 51, 2013; F2021L01204

s 2.20...................

am No 70, 2015; F2018L00819; F2020L01416

s 2.21...................

am F2020L01416; F2021L01204

s 2.22...................

am F2021L01204

Part 3

 

s 3.04...................

am F2018L00819

Part 4

 

s 4.01...................

am F2021L01204

s 4.02...................

am No. 51, 2013

 

rs F2016L00170; F2021L01204

Part 5

 

Part 5 heading.............

rs No 70, 2015

s 5.01...................

(1) rep LIA s 48C

 

rep F2021L01204

s 5.02...................

(1) rep LIA s 48C

 

rep F2021L01204

s 5.03...................

ad No 70, 2015

 

am F2021L01204

s 5.04...................

ad F2018L00819

 

am F2021L01204

s 5.05...................

ad F2020L01416

s 5.07...................

ad F2021L01204

Schedule 1

 

Schedule 1................

am No 284, 2012; No 51, 2013

 

rs No 70, 2015

 

am F2018L00819; F2020L01416; F2021L00580; F2021L01204 (Sch 1 item 82 (table item 35) md not incorp to Pt 2 of Sch 1 (table item 205))

Schedule 2

 

Schedule 2................

am F2018L00819