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1996 No. 189 FEDERAL COURT OF AUSTRALIA REGULATIONS (AMENDMENT) - REG 6
6. Regulation 2A (Hearing fees)
6.1 Subregulation 2A (1): Omit the subregulation, substitute:
"(1) Subject to subregulation (2), the following daily hearing fee is payable
for the hearing of a proceeding:
(a) for the hearing of a notice of motion:
(i) if the person liable to pay the fee (or if more than one person
is liable, any of them) is a corporation-$400; or
(ii) in any other case-$200; for each half day or part of a half day
of hearing;
(b) for the hearing of an application under subsection 35A (5) of the Act
to review an exercise of power of the Registrar:
(i) if the person liable to pay the fee (or if more than one person
is liable, any of them) is a corporation-$400; or
(ii) in any other case-$200; for each half day or part of a half day
of hearing;
(c) for the hearing of an application, or an issue or question in an
application or an appeal (whether to a single Judge or to the Full
Court):
(i) if the person liable to pay the fee (or if more than one person
is liable, any of them) is a corporation-$1,100; or
(ii) in any other case-$550; for each day or part of a day of
hearing.
"(Note: These fees are subject to increase under regulation 2AB.)".
6.2 Paragraph 2A (2) (a): Omit the paragraph, substitute:
"(a) the sole purpose of the hearing is the delivery of a reserved judgement;
or".
6.3 Subparagraph 2A (2) (f) (i): Omit the subparagraph, substitute:
"(i) the holder of one of the following cards issued by the Department of
Social Security:
(A) a health care card;
(B) a health benefit card;
(C) a pensioner concession card;
(D) a Commonwealth seniors health card; or
(ia) the holder of any other card issued by the Department of Social Security
or the Department of Veterans' Affairs that certifies entitlement to
Commonwealth health concessions; or".
6.4 After subparagraph 2A (2) (f) (iv), insert:
"(v) in receipt of benefits under the Commonwealth student assistance scheme
known as the ABSTUDY Scheme; or".
6.5 Subregulation 2A (3): Omit the subregulation, substitute:
"(3) The person liable to pay a hearing fee is:
(a) the applicant or appellant; or
(b) if the Court, a Judge or Registrar so orders:
(i) another party to the application or appeal; or
(ii) each of 2 or more of the parties to the application or appeal,
including the applicant or appellant, in the proportions
ordered.".
6.6 Subregulation 2A (5): Omit the subregulation, substitute:
"(5) A hearing fee must be paid:
(a) if the hearing day to which the fee relates is scheduled to occur on
the next working day after a scheduled hearing day for the
proceeding-no later than 9.30 a.m. on the day to which the hearing fee
relates; or
(b) if the hearing day to which the fee relates is not the next working
day after a scheduled hearing day for the proceeding:
(i) if the day to which the hearing fee relates is earlier than 2
working days after the day on which the document initiating the
proceeding is filed-at the time when the document is filed; or
(ii) in any other case-not later than 2 working days before the day
to which the hearing fee relates.
"(6) In this regulation, 'half day' means a period of 3 hours in a scheduled
hearing day.".
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