Commonwealth Consolidated Regulations

FEDERAL COURT AND FEDERAL CIRCUIT AND FAMILY COURT REGULATIONS 2022 - REG 2.16

Payment of fee by approved user of court services

  (1)   Section   2.14 does not apply to a fee payable in relation to a proceeding in a relevant court if, at the time the fee would be payable under that section, the liable person for the fee:

  (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 liable person for the fee; or

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

  (3)   The liable person or the lawyer (as applicable) must pay the fee within 30 days after the day the person or lawyer receives the invoice.

Approved user of court services

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

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

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

  (b)   whether the person has agreed to be responsible for, and guarantees, the payment of fees due for payment by the person within the period mentioned in subsection   (3);

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

  (d)   the financial circumstances of the person;

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

  (6)   The relevant Registrar may impose conditions on the approval of the person for this section.