Commonwealth Numbered Regulations Commonwealth Numbered RegulationsNote 1: A number of expressions used in this instrument are defined in the Federal Court Act, including the following:
(a) juror;
(b) potential juror.
Note 2: A number of expressions used in this instrument are defined in the Federal Circuit and Family Court Act, including the following:
(a) Chief Executive Officer;
(b) Registrar.
(1) In this instrument:
"applicant " , in relation to a proceeding, means the person who commences the proceeding.
"approved user of court services " , in relation to a relevant court: see subsection 2.16(4).
"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; or
(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 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 the Federal Circuit and Family Court 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.
"CPI number " , for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician for that quarter.
"Family Law Act " means the Family Law Act 1975 .
"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 cross-claim, 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.
"March quarter " means a period of 3 months ending at the end of March.
"mediation fee " means a fee mentioned in item 132 or 224 of Schedule 1.
"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 non-corporate 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.
"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; or
(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 2022.
"relevant Registrar " of a court means:
(a) in relation to the Federal Court--the following:
(i) the Chief Executive Officer;
(ii) a Registrar of the court;
(iii) a District Registrar of the court;
(iv) a Deputy District Registrar of the court; or
(b) in relation to the Federal Circuit and Family Court of Australia (Division 2)--the following:
(i) the Chief Executive Officer;
(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 dealt with as a small claims proceeding under:
(a) section 548 of the Fair Work Act 2009 ; or
(b) section 199 of the National Consumer Credit Protection Act 2009 .
(2) When used in a provision of this instrument, an expression defined in the Federal Court Act and the Federal Circuit and Family Court Act has the meaning given by whichever of those Acts is appropriate in the context of the application and operation of that provision.