Commonwealth Numbered Regulations

1996 No. 189 FEDERAL COURT OF AUSTRALIA REGULATIONS (AMENDMENT) - REG 7

7.1 After regulation 2A, insert: Biennial increases in fees

"2AB. Despite any other provision of these Regulations, a fee prescribed by
regulation 2, 2AA or 2A is increased, in accordance with regulation 2AC, on
each biennial anniversary of 1 July 1996.

Calculation of increase

"2AC. (1) In this regulation:
'fee' means a fee prescribed by regulation 2, 2AA or 2A;
'CPI number' means the All Groups Consumer Price Index number (being the
weighted average of the 8 Australian capital cities) published by the
Australian Statistician;
'relevant period' means any of the following periods:

   (a)  the 2 year period commencing on 1 July 1996;

   (b)  after that period-each 2 year period commencing on a biennial
        anniversary of 1 July 1996.

"(2) If, in a relevant period, the latest CPI number is greater than the
earlier CPI number, a fee is taken to increase, on 1 July immediately
following the end of the period, in accordance with the formula:
fee x latest CPI number
earlier CPI number where:
'earlier CPI number' is the CPI number for the last March quarter before the
beginning of the relevant period; and
'fee' is the fee in force during the relevant period; and
'latest CPI number' is the CPI number for the last March quarter before the
end of the relevant period.

"(3) If, apart from this subregulation, the amount of a fee increased under
subregulation (2) would be an amount of dollars and cents, the amount is to be
rounded to the nearest whole dollar and, if the amount to be rounded is 50
cents, rounded down.

"(4) Subject to subregulation (5), if at any time, whether before or after the
commencement of this regulation, the Australian Statistician publishes for a
particular March quarter a CPI number in substitution for an index number
previously published by the Australian Statistician for that quarter, the
publication of the later index number is to be disregarded for the purposes of
this regulation.

"(5) If, at any time, whether before or after the commencement of this
regulation, the Australian Statistician changes the reference base for the
Consumer Price Index, then, for the purposes of the application of this
regulation after the change is made, regard shall be had only to numbers
published in terms of the new reference base.

Refund of fees

"2AD. (1) A person who has paid a setting down fee or a hearing fee is
entitled to a refund of the fee if:

   (a)  notice that the hearing of the notice of motion, application or appeal
        for which the fee was paid will not proceed is given to the Registrar:

        (i)    if the date for hearing was fixed less than 10 working days
               before that date-not less than 2 working days before the date
               for hearing; or

        (ii)   in any other case-not less than 10 working days before the date
               for hearing; and

   (b)  the hearing does not proceed.

"(2) A person who has paid a setting down fee or a hearing fee is entitled to
a refund of the fee if:

   (a)  despite a notice being given to the Registrar under paragraph (1)
        (a)-a hearing is conducted for the purpose of making formal orders; or

   (b)  the fee was not payable because of the operation of subregulation 2AA
        (2) or 2A (2).".