Federal Court
(1) A setting down fee is not payable in relation to a proceeding in the Federal Court if:
(a) the proceeding is only an interlocutory application; or
(b) in relation to an application or appeal:
(i) a setting down fee has already been paid for the application or appeal; or
(ii) a fee for setting down under another law of the Commonwealth has already been paid for the application or appeal;
and the fee has not been refunded; or
(c) the proceeding is an application for admission to practice as a barrister, solicitor, or barrister and solicitor; or
(d) the proceeding is in relation to a matter that was remitted to the Federal Court by the High Court under section 44 of the Judiciary Act 1903 , and:
(i) it was commenced in the High Court before 1 November 2004; or
(ii) it was remitted by the High Court in its appellate jurisdiction for re-hearing by the Federal Court; or
(e) the proceeding is an exercise by the Federal Court of its original jurisdiction under the Bankruptcy Act 1966 ; or
(f) the proceeding is in relation to a criminal matter; or
(g) the proceeding is in relation to a case stated, or a question reserved, for the consideration or opinion of the Federal Court; or
(h) the proceeding is in relation to a referral to the Federal Court of a question of law by a tribunal or body that, under a law of the Commonwealth, may refer questions of law to the Federal Court; or
(i) the proceeding is an application to the Federal Court for an extension of time within which a particular proceeding may be commenced.
Federal Magistrates Court
(2) A setting down fee is not payable in relation to a proceeding in the Federal Magistrates Court if:
(a) the proceeding is in relation to a matter that:
(i) was remitted by the High Court, in the exercise of its appellate jurisdiction, for re-hearing by the Federal Court under section 44 of the Judiciary Act 1903 ; and
(ii) was subsequently transferred by the Federal Court to the Federal Magistrates Court under section 32AB of the Federal Court Act; or
(b) the proceeding is in relation to a matter remitted by the High Court, in the exercise of its appellate jurisdiction, for re-hearing by the Federal Magistrates Court under section 44 of the Judiciary Act 1903 .
Note Other fees may be payable in relation to a proceeding mentioned in this section.