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HIGH COURT OF AUSTRALIA (FEES) REGULATIONS (AMENDMENT) 1997 NO. 106
EXPLANATORY STATEMENTSTATUTORY RULES 1997 No. 106
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
JUDICIARY ACT 1903
HIGH COURT OF AUSTRALIA (FEES) REGULATIONS (AMENDMENT)
Subsection 88(ca) of the Judiciary Act 1903 provides that the Governor-General may make regulations prescribing the fees to be paid in respect of proceedings in the Court and the execution of the process of the High Court.
The Regulations increase some of the existing fees in the High Court, The level of cost recovery in the High Court is being increased as part of the overall Government strategy to reduce the Budget deficit.
The existing exemption and waiver provisions, which cover those in receipt of legal aid or income support payments and others who would suffer financial hardship if they had to pay fees, remain to protect the disadvantaged.
Details of these Regulations are as follows:
Regulation 1 - Commencement
Regulation 1 provides for the Regulations to commence on 1 July 1997.
Regulation 2 - Amendment
Regulation 2 provides that the High Court of Australia (Fees) Regulations are amended as set out in these Regulations.
Regulation 3 - Regulation 3 (Interpretation)
Existing regulation 3 defines "corporation" as having the same meaning as in the Corporations Law. Under the Corporations Law, a financial institution is defined as a "corporation" for certain parts of the Corporations Law but is not so defined for other parts of the Corporations Law.
Regulation 3 omits the existing definition of "corporation" and substitutes a new definition of "corporation" that makes it clear that, for the purposes of the High Court of Australia (Fees) Regulations, a financial institution is a corporation.
Regulation 4 - Regulation 5B (Calculation of increase)
Existing regulation 5A provides ' that a fee prescribed by regulation 4, 4A or 5 is increased on each biennial anniversary of 1 July 1996. Existing regulation 5C provides for the method of calculation of the increase, based on the Consumer Price Index (CPI).
Existing subregulation 5B(2) defines the 'fee' that is to be used as the basis for calculating the increased fee as the 'fee in force during the relevant period'.
Regulation 4 amends this definition of 'fee' to provide that the 'fee' used is the 'fee in force at the end of the relevant period'. This ensures that if the fee payable is altered during the period leading up to a biennial increase, the fee on which the calculation is based is the last fee payable.
Regulation 5 - Further amendments - fee increases
Regulation 5 provides for amendments to some of the High Court fees payable, as listed below:
| Current fee
|
New fee
| |
| Hearing
fee for notice of appeal in relation to a civil proceedings, a writ of summons
or a petition:
|
||
| (a)
if the person liable to pay is a corporation (Subparagraph 4A(1)(b)(i))
|
$3,000
|
$8,000
|
| (b)
in any other case (Subparagraph 4A(1)(b)(ii))
|
$1,500
|
$4,000
|
| Daily
hearing fees:
|
||
| (a)
for the hearing of a chamber summons, a notice of motion or an application
under Order 55, rule 1 of the Rules (for each half day or part of a half day):
|
||
| (i)
if the person liable to pay is a corporation (Subparagraph 5(1)(a)(i))
|
$500
|
$3,000
|
| (ii)
in any other case (Subparagraph 5(1)(a)(ii))
|
$250
|
$1,500
|
| (b)
for the hearing of a proceeding before the Full Court (other than an
application for leave or special leave to appeal or a criminal appeal) (for
each day or part of a day):
|
||
| (i)
if the person liable to pay is a corporation (Subparagraph 5(1)(b)(i))
|
$1,500
|
$12,000
|
| (ii)
in any other case (Subparagraph 5(1)(b)(ii))
|
$750
|
$6,000
|
| Fee
for:
|
||
| •
Application under rule 1 of Order 55 of the Rules (Schedule 1, item 1)
|
$1,000
|
$5,000
|
| •
Writ of summons or petition (Schedule 1, item 2)
|
$1,000
|
$5,000
|
| •
Civil leave or civil special leave application (Schedule 1, item 3)
|
$1,000
|
$5,000
|
| •
Application initiating a proceeding, not referred to in another item of the
Schedule (Schedule 1, item 5)
|
$1,000
|
$5,000
|
| •
Application for summons for direction (Schedule 1, item 5A)
|
$250
|
$500
|
| •
Civil notice of appeal (Schedule 1, item 6)
|
$1,000
|
$5,000
|
Under existing subregulation 4(1A), if a corporation is liable to pay a fee under items 1, 2, 3, 5, 5A and 6 the amount of the fee payable is twice the amount of the fee set out in the Schedule.
These Regulations commence on 1 July 1997.
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