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FEDERAL COURT AND FEDERAL MAGISTRATES COURT REGULATION 2012 (SLI NO 280 OF 2012) - SCHEDULE 1

Fees

(section 2.02)

Part 1           Fees for proceedings in Federal Court

Item

Document or service

Fee

101

Filing of a document by which a proceeding in the Federal Court is commenced, other than:

(a)  a proceeding or application mentioned in item 102 to 104, 112, 113 or 115 to 115B; or

(b)  an appeal from a judgement of a court; or

(c)  an application for leave or special leave to appeal; or

(d)  an incidental proceeding in the course of, or in connection with, a proceeding

(a)  for a publicly listed company--$4,720

(b)  for a corporation--$3,145

(c)  in any other case--$1,080

102

Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986

$55

103

Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:

(a)  the applicant has been dismissed from employment in alleged contravention of Part 3-1 of that Act;

(b)  the applicant alleges a breach of section 351 of that Act

The fee prescribed under subsection 395 (2) of the Fair Work Act 2009 for the filing of the application

104

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act

The fee prescribed under subsection 395 (2) of the Fair Work Act 2009 for the filing of the application

105

Filing of a bill of costs

$350

106

Filing of an affidavit or other document originating an application for leave or special leave to appeal

(a)  for a publicly listed company--$4,705

(b)  for a corporation--$3,135

(c)  in any other case--$1,450

107

Filing of a notice of appeal commencing an appeal from a judgement of a court if no fee has been paid under item 106

(a)  for a publicly listed company--$11,760

(b)  for a corporation--$7,840

(c)  in any other case--$3,630

108

Filing of a notice of appeal commencing an appeal from a decision of the Administrative Appeals Tribunal

(a)  for a publicly listed company--$11,760

(b)  for a corporation--$7,840

(c)  in any other case--$3,630

109

Filing of a notice of appeal in a proceeding in relation to which a fee has been paid under item 106

(a)  for a publicly listed company--$7,060

(b)  for a corporation--$4,705

(c)  in any other case--$2,180

110

Filing of an application to review a decision of the Registrar of the Federal Court under subsection 35A (5) of the Federal Court Act

(a)  for a publicly listed company--$1,920

(b)  for a corporation--$1,280

(c)  in any other case--$525

111

Filing of an interlocutory application, other than an interlocutory application mentioned in another item

(a)  for a publicly listed company--$1,450

(b)  for a corporation--$965

(c)  in any other case--$395

112

Filing of a document by which a proceeding in the Federal Court under the Bankruptcy Act 1966 is commenced

(a)  for a publicly listed company--$4,375

(b)  for a corporation--$2,915

(c)  in any other case--$1,215

113

Filing of an application for an order for substituted service of a bankruptcy notice

(a)  for a publicly listed company--$970

(b)  for a corporation--$645

(c)  in any other case--$265

114

Filing of a cross-claim

(a)  for a publicly listed company--$4,720

(b)  for a corporation--$3,145

(c)  in any other case--$1,080

115

Filing of an urgent application without notice, by a person (the prospective applicant ) who intends to commence a proceeding, for any of the following:

(a)  if the proceeding relates to property--an order:

         (i)   for the detention, custody, preservation or inspection of property; or

        (ii)   to authorise a person to enter land, or do an act or thing, to give effect to the order;

(b)  if the proceeding relates to the right of the prospective applicant to an amount in a fund--an order that the amount in the fund be paid into the Federal Court or otherwise secured

(a)  for a publicly listed company--$8,250

(b)  for a corporation--$5,500

(c)  in any other case--$2,000

 

115A

Filing of an application, including an interlocutory application, for an order:

(a)  restraining a person from removing, disposing of, dealing with, or diminishing the value of, assets; or

(b)  for the purpose of preventing the frustration or inhibition of the Court's process by seeking to meet a danger that a judgement or prospective judgement of the Court will be wholly or partly unsatisfied

(a)  for a publicly listed company--$8,250

(b)  for a corporation--$5,500

(c)  in any other case--$2,000

115B

Filing of an application, including an interlocutory application, for an order for the purpose of securing or preserving evidence and requiring a person to permit other persons to enter premises for the purpose of securing the preservation of evidence that is, or may be, relevant to an issue in a proceeding or anticipated proceeding

(a)  for a publicly listed company--$8,250

(b)  for a corporation--$5,500

(c)  in any other case--$2,000

116

Setting down for hearing a proceeding (including an application, appeal, cross-claim or cross-appeal) or an issue in question in a proceeding

(a)  for a publicly listed company--$7,870

(b)  for a corporation--$5,245

(c)  in any other case--$2,155

117

For the hearing of an application (including a cross-claim) under subsection 35A (5) of the Federal Court Act--for each day or part of a day

(a)  for a publicly listed company--$3,135

(b)  for a corporation--$2,090

(c)  in any other case--$860

118

For the hearing of an application (including a cross-claim) other than:

(a)  an application mentioned in item 117; or

(b)  an issue or question in such an application; or

(c)  an appeal (including a cross-appeal);

for the 2nd, 3rd and 4th days, or part of those days

(a)  for a publicly listed company--$3,150

(b)  for a corporation--$2,100

(c)  in any other case--$860

119

For the hearing of an application (including a cross-claim) other than:

(a)  an application mentioned in item 117; or

(b)  an issue or question in such an application; or

(c)  an appeal (including a cross-appeal);

for the 5th, 6th, 7th, 8th and 9th days, or part of those days

(a)  for a publicly listed company--$5,665

(b)  for a corporation--$3,775

(c)  in any other case--$1,430

120

For the hearing of an application (including a cross-claim) other than:

(a)  an application mentioned in item 117; or

(b)  an issue or question in such an application; or

(c)  an appeal (including a cross-appeal);

for the 10th, 11th, 12th, 13th and 14th days, or part of those days

(a)  for a publicly listed company--$11,175

(b)  for a corporation--$7,450

(c)  in any other case--$2,875

121

For the hearing of an application (including a cross-claim) other than:

(a)  an application mentioned in item 117; or

(b)  an issue or question in such an application; or

(c)  an appeal (including a cross-appeal);

for the 15th and subsequent days, or part of the 15th and subsequent days

(a)  for a publicly listed company--$16,765

(b)  for a corporation--$11,175

(c)  in any other case--$4,315

122

For the hearing for an examination by a Registrar of the Federal Court under:

(a)  section 50 or 81 of the Bankruptcy Act 1966 ; or

(b)  Division 1 of Part 5.9 of the Corporations Act 2001 ;

for each day or part of a day

(a)  for a publicly listed company--$3,150

(b)  for a corporation--$2,100

(c)  in any other case--$860

123

On request, production of file of the Federal Court and the making of a copy or copies of a document or documents in the file (regardless of the number of documents to which the request relates)

(a)  for the production of the file--$43

(b)  for each page included in a copy made in accordance with the request--$1

124

For each service or execution, or attempted service or execution, of process of the Federal Court by an officer of the Federal Court

An amount equal to:

(a)  the amount of any expenses reasonably incurred by the officer in the service or execution, or attempted service or execution, of the process; and

(b)  a charge worked out at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution

125

For the seizure and sale of goods by an officer of the Federal Court in the execution of process of the court (except in relation to a proceeding under the Admiralty Act 1988 )

$940

126

For issuing a subpoena

(a)  for a publicly listed company--$270

(b)  for a corporation--$180

(c)  in any other case--$90

127

For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966 , to attend examination about a debtor's examinable affairs

(a)  for a publicly listed company--$600

(b)  for a corporation--$400

(c)  in any other case--$200

128

For taxation of a bill of costs in which the amount claimed in the bill is $10,000 or less

$1,025

129

For taxation of a bill of costs in which the amount claimed in the bill is more than $10,000 and no more than $100,000

$3,500

130

For taxation of a bill of costs in which the amount claimed in the bill is more than $100,000 and no more than $500,000

$4,000

131

For taxation of a bill of costs in which the amount claimed in the bill is more than $500,000

$4,500

132

For mediation by an officer of the Federal Court--for each attendance at the mediation

(a)  for a publicly listed company--$2,460

(b)  for a corporation--$1,640

(c)  in any other case--$700

Note    The fees mentioned in this Part (other than the fees mentioned in items 102, 103, 104 and 124) are subject to biennial increase under section 2.20.

Part 2           Fees for proceedings in Federal Magistrates Court

Item

Document or service

Fee

201

Filing of a document by which a proceeding in the Federal Magistrates Court (other than a proceeding mentioned in items 202, 204 to 206 and 208 to 214) seeking final orders is commenced

(a)  for a publicly listed company--$1,870

(b)  for a corporation--$1,245

(c)  in any other case--$515

 

202

Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986

$55

 

203

Filing of a bill of costs

$200

 

204

Filing of a document seeking interlocutory, interim or procedural orders (other than a proceeding mentioned in item 202)

(a)  for a publicly listed company--$1,125

(b)  for a corporation--$750

(c)  in any other case--$305

 

205

Filing of an application to review an exercise of power by the Registrar of the Federal Magistrates Court under subsection 104 (2) of the Federal Magistrates Act

(a)  for a publicly listed company--$1,125

(b)  for a corporation--$750

(c)  in any other case--$305

 

206

Filing of a document by which a proceeding in the Federal Magistrates Court under the Bankruptcy Act 1966 is commenced

(a)  for a publicly listed company--$4,375

(b)  for a corporation--$2,915

(c)  in any other case--$1,215

 

207

Filing, by a person other than the applicant, of a document seeking the making of final orders different from those sought by the applicant (other than in a proceeding mentioned in item 202)

(a)  for a publicly listed company--$1,870

(b)  for a corporation--$1,245

(c)  in any other case--$515

 

208

Filing of an application for an order for substituted service of a bankruptcy notice

(a)  for a publicly listed company--$490

(b)  for a corporation--$325

(c)  in any other case--$130

 

209

Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:

(a)  the applicant has been dismissed from employment in alleged contravention of Part 3-1 of that Act;

(b)  the applicant alleges a breach of section 351 of that Act

The fee prescribed under subsection 395 (2) of the Fair Work Act 2009

 

210

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act

The fee prescribed under subsection 395 (2) of the Fair Work Act 2009

 

211

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 548 of that Act to apply, and the claim is less than $10,000

$180

 

212

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 548 of that Act to apply, and the claim is between $10,000 and $20,000

$300

 

213

Filing of an application under the National Consumer Credit Protection Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 199 of that Act to apply, and the claim is less than $10,000

$180

 

214

Filing of an application under the National Consumer Credit Protection Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 199 of that Act to apply, and the claim is between $10,000 and $20,000

$300

 

215

Setting down for hearing for final orders of a proceeding or an issue in question in a proceeding (other than a proceeding under the Bankruptcy Act 1966 or a proceeding mentioned in item 202)

(a)  for a publicly listed company--$2,245

(b)  for a corporation--$1,495

(c)  in any other case--$615

 

216

For hearing for final orders of a proceeding or an issue in question in a proceeding (other than a proceeding under the Bankruptcy Act 1966 or a proceeding mentioned in item 202)--for each hearing day or part of a hearing day (other than the first hearing day)

(a)  for a publicly listed company--$2,245

(b)  for a corporation--$1,495

(c)  in any other case--$615

 

217

For the hearing for an examination by a Registrar of the Federal Magistrates Court under section 50 or 81 of the Bankruptcy Act 1966 -- for each day or part of a day

(a)  for a publicly listed company--$2,245

(b)  for a corporation--$1,495

(c)  in any other case--$615

 

218

For the hearing of an application (including a cross-claim) under subsection 104 (3) of the Federal Magistrates Act--for each day or part of a day

(a)  for a publicly listed company--$2,245

(b)  for a corporation--$1,495

(c)  in any other case--$610

 

219

On request, production of a file of the Federal Magistrates Court and the making of a copy or copies of a document or documents in the file (regardless of the number of documents to which the request relates)

(a)  for the production of the file--$43

(b)  for each page included in a copy made in accordance with the request--$1

 

220

Each service or execution, or attempted service or execution, of the process of the Federal Magistrates Court by an officer of the court (other than in a proceeding mentioned in item 202)

An amount equal to:

(a)  the amount of any expenses reasonably incurred by the officer in the service or execution, or attempted service or execution, of the process; and

(b)  a charge worked out at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution

 

221

Seizure and sale of goods by an officer of the Federal Magistrates Court in the execution of the process of the court (other than in relation to a proceeding under the Admiralty Act 1988 or a proceeding mentioned in item 202)

$470

 

222

For issuing a subpoena

(a)  for a publicly listed company--$180

(b)  for a corporation--$120

(c)  in any other case--$60

 

223

For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966 , to attend examination about a debtor's examinable affairs

(a)  for a publicly listed company--$600

(b)  for a corporation--$400

(c)  in any other case--$200

 

224

Mediation by an officer of the Federal Magistrates Court (other than in a proceeding mentioned in item 202)--for each attendance at the mediation

$410

 

Note    The fees mentioned in this Schedule (other than the fees mentioned in items 202, 209, 210 and 220) are subject to biennial increase under section 2.20.



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