Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This section applies if the payment of a fee is not deferred under section 2.10.
(2) If a person is required to pay a fee mentioned in Schedule 1 in relation to a proceeding before the filing of a document or the provision of a service for which the fee is payable, the document must not be filed or the service must not be provided until the whole fee is paid.
(3) However, the relevant court for the proceeding, or a Judge, Federal Magistrate or Registrar of that court, may allow the document to be filed or the service to be provided despite the fee, or part of the fee, not being paid.
(4) Subsection (5) applies to a conciliation conference fee, a hearing fee and a setting down fee.
(5) If the fee, or part of the fee, is not paid in relation to a proceeding:
(a) the relevant court, or a Judge, Federal Magistrate or Registrar of that court, may order that no proceeding, or no proceeding other than a specified proceeding, is to take place except by leave; and
(b) a person other than the person liable to pay the fee may pay the fee without affecting any power of the relevant court, or of a Judge, Federal Magistrate or Registrar of that court, to make an order for costs for the fee; and
(c) the relevant court, or a Judge, Federal Magistrate or Registrar of that court, may vacate the day scheduled for the hearing or conciliation conference.