Western Australian Current Regulations

FAMILY COURT REGULATIONS 1998 - REG 21H

21H .         Refund of fee

        (1)         A person is entitled to a refund of an amount in relation to the payment of a fee mentioned in Schedule 1 if the person pays more than the person is required to pay for the fee under this regulation.

        (2)         The amount to be refunded is the difference between the amount paid by the person and the amount that the person is required to pay for the fee.

        (3)         A person is entitled to the refund of the amount paid by the person as a fee mentioned in Schedule 1 if —

            (a)         the fee had already been paid by another person; or

            (b)         the fee was not payable under these regulations.

        (4)         A person is not entitled to the refund of the amount paid by the person as a setting down fee for a hearing in relation to a proceeding if the first hearing day fixed by the setting down, or a hearing day fixed in place of the first hearing day, does not occur.

        (5)         A person is entitled to the refund of the amount paid by the person as a hearing fee for a hearing that has not commenced in relation to a proceeding if —

            (a)         the person notifies the registrar or an authorised officer of the relevant court, in accordance with subregulation (6), that the hearing will not occur or will occur only for the purpose of making formal orders; and

            (b)         the hearing does not occur or occurs only for the purpose of making formal orders.

        (6)         The person must notify the registrar or authorised officer in writing —

            (a)         if the hearing day was fixed less than 10 business days before the hearing day — at least 2 business days before the hearing day; and

            (b)         in any other case — at least 10 business days before the hearing day.

        (7)         Despite subregulation (5), a registrar or authorised officer may refund a hearing fee for a hearing that has not commenced if —

            (a)         the person who paid the hearing fee has not notified the registrar or authorised officer in accordance with subregulations (5)(a) and (6); and

            (b)         the registrar or authorised officer is satisfied that the reason the person has not notified the registrar or authorised officer is not the fault of the person; and

            (c)         the hearing does not occur or occurs only for the purpose of making formal orders.

        (8)         In subregulations (5) and (7) —

        formal orders means orders finalising the proceedings that were to be the subject of the hearing.

        (9)         A person is entitled to the refund of the amount paid by the person as a hearing fee for a hearing day for a hearing that has commenced if —

            (a)         the proceeding is settled or discontinued before the hearing day; or

            (b)         the hearing day does not proceed for some other reason.

        (10)         A person is entitled to the refund of the amount paid by the person as a conciliation conference fee in relation to a proceeding if the proceeding is settled or discontinued before the conference is held.

        [Regulation 21H inserted: Gazette 14 Dec 2012 p. 6245-7.]

[ 21I.         Deleted: SL 2021/137 r. 4.]