Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT OF AUSTRALIA REGULATIONS (AMENDMENT) 1996 NO. 266

Statutory Rules 1996 No. 266

(Issued by authority of the Attorney-General and Minister for justice, the Hon Daryl Williams AM QC MP)

Federal Court of Australia Act 1976

Federal Court of Australia Regulations (Amendment)

The Bankruptcy Legislation Amendment Act 1996 was proclaimed to commence on 16 December 1996. That Act amended the Bankruptcy Act 1966 by replacing the power of the Governor-General to make rules with a power to make regulations dealing with matters arising under the Bankruptcy Act 1966. The previous subordinate legislation, the Bankruptcy Rules, ceased to have effect from 16 December 1996.

The former Bankruptcy Rules prescribed fees payable for filing of documents and initiating processes in courts exercising jurisdiction in bankruptcy. These fees were payable to the Registrar in Bankruptcy, an office which was abolished by the Bankruptcy Legislation Amendment Act 1996. That Act also conferred exclusive jurisdiction in bankruptcy matters on the Federal Court of Australia.

Filing fees in the Federal Court are provided for in the Federal Court of Australia Regulations. Those regulations specifically exclude from their ambit proceedings in the Court which arise in the exercise of its original jurisdiction under the Bankruptcy Act 1966. This is because filing fees were specified in the former Bankruptcy Rules. With the commencement of the Bankruptcy Legislation Amendment Act 1996, it became necessary to amend the Federal Court of Australia Regulations to make them applicable to matters arising in the original jurisdiction of the Federal Court under the Bankruptcy Act 1966. The Federal Court of Australia Regulations (Amendment) amended the Federal Court of Australia Regulations so that filing fees under those Regulations will attach to proceedings in the Federal Court in bankruptcy matters, As the former Bankruptcy Rules did not provide for setting down fees and hearing fees, the Federal Court of Australia Regulations (Amendment) also specifically exempts bankruptcy matters from attracting setting down fees and hearing fees under the Federal Court of Australia Regulations.

The following is a description of the Federal Court of Australia Regulations (Amendment).

Regulation 1 - Commencement

The Regulations commenced on 16 December 1996, the same day as the commencement of the Bankruptcy Legislation Amendment Act 1996, and the day the former Bankruptcy Rules ceased operation.

Regulation 2 - Amendment

The Regulations amended the Federal Court of Australia Regulations.

Regulation 3 - Regulation 2 (Filing Fees etc)

Regulation 2 of the Federal Court of Australia Regulations provides that fees are payable as specified in the Schedule to those Regulations. Subregulation 2(2) provided, among other things that fees were not payable in respect of a proceeding in the Court in respect of an exercise by the Court of its original jurisdiction under the Bankruptcy Act 1966. Regulation 3 repealed paragraph 2(2)(b) so that bankruptcy matters now attract the filing fees specified in the Schedule to the Federal Court of Australia Regulations.

Regulation 4 - Regulation 2AA (setting down fees)

Regulation 2AA of the Federal Court of Australia Regulations provides for setting down fees to be payable in respect of various matters coming before the Court. Subregulation 2AA(2) lists exemptions from liability for setting down fees. Under the former Bankruptcy Rules, setting down fees were not payable. These Regulations therefore amended subregulation 2AA(2) to exempt bankruptcy matters from the setting down fees applicable to other types of proceedings.

Regulation 5 - Regulation 2A (hearing fees)

Regulation 2A of the Federal Court of Australia Regulations provides for hearing fees to be payable in respect of various matters coming before the Court. Subregulation 2A(2) lists exemptions from liability for hearing fees. Under the former Bankruptcy Rules, hearing fees were not payable. These Regulations therefore amended subregulation 2A(2) to exempt bankruptcy matters from the hearing fees applicable to other types of proceedings.