Commonwealth Numbered Regulations

FEDERAL COURT AND FEDERAL MAGISTRATES COURT REGULATION 2012 (SLI NO 280 OF 2012) - REG 2.13

Federal Court

         (1)   A hearing fee is not payable in relation to a proceeding in the Federal Court if:

                (a)    the hearing is cancelled before the fee is paid; or

               (b)    the sole purpose of the hearing is the delivery of a reserved judgement; or

                (c)    in relation to an application or appeal:

                          (i)    a hearing fee has already been paid for the application or appeal; or

                         (ii)    a fee for the hearing under another law of the Commonwealth has already been paid for the application or appeal;

        and the fee has not been refunded; or

               (d)    the proceeding is an application for admission to practice as a barrister, solicitor or barrister and solicitor; or

                (e)    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

                (f)    the proceeding is an exercise by the Federal Court of its original jurisdiction under the Bankruptcy Act 1966 ; or

               (g)    the proceeding is in relation to a criminal matter; or

               (h)    the proceeding is in relation to a case stated, or a question reserved, for the consideration or opinion of the Federal Court; or

                (i)    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

                (j)    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 hearing 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.