Commonwealth Numbered Regulations

FEDERAL COURT AND FEDERAL MAGISTRATES COURT REGULATION 2012 (SLI NO 280 OF 2012) - REG 2.03

         (1)   A fee in relation to a proceeding is payable as set out in this section, unless the relevant court for a proceeding, or a Judge, Federal Magistrate or Registrar of that court, directs otherwise.

Filing fee

         (2)   A filing fee is payable by the person for whom the document is filed.

Hearing fee and setting down fee

         (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 hearing fee is payable for all the proceedings; and

               (b)    the amount of each of the setting down fee and the hearing fee is apportioned equally between the liable persons for the fee.

Mediation fee

         (5)   A mediation fee is payable by the applicant in the proceeding to which the mediation relates.

Fee for taxation of bill of costs--Federal Court

         (6)   If:

                (a)    a fee mentioned in any of items 128 to 131 of Schedule 1 (taxation of a bill of costs in relation to proceedings in the Federal Court) 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 Registrar of the Federal Court.

Fee for other service

         (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.