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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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