Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A setting down fee is not payable in relation to a proceeding in the Federal Court if:
(a) the proceeding is only a proceeding that is commenced by an interlocutory application; or
(b) in relation to an application or appeal:
(i) a setting down fee, or a fee for setting down under another law of the Commonwealth, has already been paid in relation to the proceeding; and
(ii) that 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 re - hearing 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) 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 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 re - hearing 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 re - hearing 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.