Commonwealth Consolidated Regulations

FEDERAL COURT AND FEDERAL CIRCUIT AND FAMILY COURT REGULATIONS 2022 - REG 2.03

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

Filing fees

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

Setting down fees and hearing fees

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

  (a)   if the hearing is for a cross - claim or cross - appeal only--the cross - claimant or cross - appellant; 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 cross - applicant) or appellant (other than a cross - appellant).

  (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 set of hearing fees is payable for all the proceedings; and

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

Mediation fees

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

Fees for taxation of bill of costs--Federal Court

  (6)   If:

  (a)   a fee mentioned in any of items   128 to 131 of Schedule   1 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.

Fees for other services

  (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.