Commonwealth Consolidated Regulations

FEDERAL COURT AND FEDERAL CIRCUIT AND FAMILY COURT REGULATIONS 2022 - REG 2.18

  (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 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 a part of either of those fees) 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.