(1)

A document must not be filed in a Registry of the Federal Magistrates Court, and a service mentioned in an item in Schedule 1 must not be provided, unless the fee payable for the filing or service has been paid, waived or deferred.

(2)

If a setting down fee is not paid when due and is not waived:

(a)

the Federal Magistrates Court, a Federal Magistrate or a Registrar may order that no proceedings other than specified proceedings, are to take place, except by leave, in the matter to which the application relates; and

(b)

the Federal Magistrates Court, a Federal Magistrate or a Registrar may vacate the date fixed for hearing; and

(c)

a person other than the person liable to pay the fee may pay the fee without affecting any power of the Federal Magistrates Court, a Federal Magistrate or a Registrar to make an order for costs for the fee.

Note
For when a setting down fee must be paid, see subregulation 5 (2).