Commonwealth Numbered Regulations

FEDERAL COURT AND FEDERAL CIRCUIT AND FAMILY COURT REGULATIONS 2022 (F2023L00023) - 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.