Federal Courts Legislation Amendment (Fees) Regulation 2015
Select Legislative Instrument No. 70, 2015
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Dated 28 May 2015
Peter Cosgrove
Governor‑General
By His Excellency’s Command
George Brandis QC
Attorney‑General
Contents
1............ Name................................................................................................... 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedules............................................................................................ 1
Schedule 1—Amendment of the Federal Court and Federal Circuit Court Regulation 2012 2
Part 1—Main amendments 2
Federal Court and Federal Circuit Court Regulation 2012 2
Part 2—Application of amendments 14
Federal Court and Federal Circuit Court Regulation 2012 14
Schedule 2—Amendment of the Family Law (Fees) Regulation 2012 15
Part 1—Main amendments 15
Family Law (Fees) Regulation 2012 15
Part 2—Application of amendments 19
Family Law (Fees) Regulation 2012 19
1 Name
This is the Federal Courts Legislation Amendment (Fees) Regulation 2015.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of this instrument
1 July 2015.
1 July 2015
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the following Acts:
(a) the Federal Court of Australia Act 1976;
(b) the Family Law Act 1975;
(c) the Federal Circuit Court of Australia Act 1999.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendment of the Federal Court and Federal Circuit Court Regulation 2012
Part 1—Main amendments
Federal Court and Federal Circuit Court Regulation 2012
1 Section 1.03
Insert:
public authority has the meaning given by subsection 1.04(4).
2 Paragraph 1.04(1)(d)
Repeal the paragraph.
3 Paragraph 1.04(2)(a)
Omit “that is not a public authority”.
4 At the end of subsection 1.04(2)
Add:
; (d) a public authority.
5 Subsection 1.04(4) (subparagraph (a)(iii) of the definition of public authority)
Repeal the subparagraph, substitute:
(iii) any other non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013;
6 Paragraphs 2.02(2)(a) and (b)
Repeal the paragraphs, substitute:
(a) if the corporation is a publicly listed company and a fee is mentioned in the item for a publicly listed company—that fee; or
(ab) if the corporation is a publicly listed company and a fee is mentioned in the item for a corporation, but not for a publicly listed company—that fee; or
(b) if the corporation is not a publicly listed company and a fee is mentioned in the item for a corporation—that fee; or
7 Paragraph 2.02(3)(b)
Repeal the paragraph, substitute:
(b) the item mentions different fees for different persons; and
8 At the end of subsection 2.08(2)
Add:
; (h) an application under section 23 of the International Arbitration Act 1974 for the issue of a subpoena.
9 Subsection 2.20(1)
After “104,”, insert “107,”.
10 Subsection 2.20(1)
Omit “1 July 2014”, substitute “1 July 2016”.
11 Schedule 1
Repeal the Schedule, substitute:
Schedule 1—Fees
Note: See section 2.02.
Part 1—Fees for proceedings in the Federal Court
The following table sets out fees payable in relation to proceedings in the Federal Court.
Fees for proceedings in the Federal Court
Item
Document or service
Fee
101
Filing of a document by which a proceeding in the Federal Court is commenced, other than:
(a) a proceeding or application mentioned in item 102 to 104, 112, 113 or 115 to 115B; or
(b) an appeal from a judgment of a court; or
(c) an application for leave or special leave to appeal; or
(d) an incidental proceeding in the course of, or in connection with, a proceeding; or
(e) an application under the Trans‑Tasman Proceedings Act 2010
(a) for a corporation—$3 650
(b) in any other case—$1 255
102
Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986
$55
103
Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:
(a) the applicant has been dismissed from employment in alleged contravention of Part 3‑1 of that Act;
(b) the applicant alleges a breach of section 351 of that Act
The fee prescribed under subsection 395(2) of the Fair Work Act 2009 for the filing of the application
104
Filing of an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act
The fee prescribed under subsection 395(2) of the Fair Work Act 2009 for the filing of the application
105
Filing of a bill of costs
$405
106
Filing of an affidavit or other document originating an application for leave or special leave to appeal
(a) for a corporation—$3 640
(b) in any other case—$1 685
107
Filing of a notice of appeal commencing an appeal from a judgment of a court if no fee has been paid under item 106
(a) for a corporation—an amount equal to the sum of the fees mentioned in items 106 and 109 for a corporation
(b) in any other case—an amount equal to the sum of the fees mentioned in items 106 and 109 for a person other than a corporation
108
Filing of a notice of appeal commencing an appeal from a decision of the Administrative Appeals Tribunal
(a) for a corporation—$9 095
(b) in any other case—$4 215
109
Filing of a notice of appeal in a proceeding in relation to which a fee has been paid under item 106
(a) for a corporation—$5 460
(b) in any other case—$2 530
110
Filing of an application to review a decision of the Registrar of the Federal Court under subsection 35A(5) of the Federal Court Act
(a) for a corporation—$1 485
(b) in any other case—$610
111
Filing of:
(a) an interlocutory application, other than an interlocutory application mentioned in another item; or
(b) an application under the Trans‑Tasman Proceedings Act 2010, other than an application mentioned in item 115C
(a) for a corporation—$1 120
(b) in any other case—$455
112
Filing of a document by which a proceeding in the Federal Court under the Bankruptcy Act 1966 is commenced
(a) for a publicly listed company—$5 075
(b) for a corporation—$3 385
(c) for a public authority—$3 385
(d) in any other case—$1 410
113
Filing of an application for an order for substituted service of a bankruptcy notice
(a) for a publicly listed company—$1 130
(b) for a corporation—$750
(c) for a public authority—$750
(d) in any other case—$310
114
Filing of a cross‑claim
(a) for a corporation—$3 650
(b) in any other case—$1 255
115
Filing of an urgent application without notice, by a person (the prospective applicant) who intends to commence a proceeding, for any of the following:
(a) if the proceeding relates to property—an order:
(i) for the detention, custody, preservation or inspection of property; or
(ii) to authorise a person to enter land, or do an act or thing, to give effect to the order;
(b) if the proceeding relates to the right of the prospective applicant to an amount in a fund—an order that the amount in the fund be paid into the Federal Court or otherwise secured
(a) for a corporation—$6 385
(b) in any other case—$2 320
115A
Filing of an application, including an interlocutory application, for an order:
(a) restraining a person from removing, disposing of, dealing with, or diminishing the value of, assets; or
(b) for the purpose of preventing the frustration or inhibition of the Court’s process by seeking to meet a danger that a judgment or prospective judgment of the Court will be wholly or partly unsatisfied
(a) for a corporation—$6 385
(b) in any other case—$2 320
115B
Filing of an application, including an interlocutory application, for an order for the purpose of securing or preserving evidence and requiring a person to permit other persons to enter premises for the purpose of securing the preservation of evidence that is, or may be, relevant to an issue in a proceeding or anticipated proceeding
(a) for a corporation—$6 385
(b) in any other case—$2 320
115C
Filing of an application to register a New Zealand judgment under the Trans‑Tasman Proceedings Act 2010
$110
116
Setting down for hearing a proceeding (including an application, appeal, cross‑claim or cross‑appeal) or an issue in question in a proceeding
(a) for a corporation—$6 090
(b) in any other case—$2 505
117
For the hearing of an application (including a cross‑claim) under subsection 35A(5) of the Federal Court Act—for each day or part of a day
(a) for a corporation—$2 435
(b) in any other case—$995
118
For the hearing of an application (including a cross‑claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application; or
(c) an appeal (including a cross‑appeal);
for the second, third and fourth days, or part of those days
(a) for a corporation—$2 435
(b) in any other case—$995
119
For the hearing of an application (including a cross‑claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application; or
(c) an appeal (including a cross‑appeal);
for the fifth, sixth, seventh, eighth and ninth days, or part of those days
(a) for a corporation—$4 385
(b) in any other case—$1 660
120
For the hearing of an application (including a cross‑claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application; or
(c) an appeal (including a cross‑appeal);
for the tenth, 11th, 12th, 13th and 14th days, or part of those days
(a) for a corporation—$8 645
(b) in any other case—$3 340
121
For the hearing of an application (including a cross‑claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application; or
(c) an appeal (including a cross‑appeal);
for the 15th and subsequent days, or part of the 15th and subsequent days
(a) for a corporation—$12 970
(b) in any other case—$5 010
121A
For the hearing for an examination by a Registrar of the Federal Court under section 50 or 81 of the Bankruptcy Act 1966—for each day or part of a day
(a) for a publicly listed company—$3 660
(b) for a corporation—$2 435
(c) for a public authority—$2 435
(d) in any other case—$995
122
For the hearing for an examination by a Registrar of the Federal Court under Division 1 of Part 5.9 of the Corporations Act 2001—for each day or part of a day
(a) for a corporation—$2 435
(b) in any other case—$995
123
On request, production of file of the Federal Court and the making of a copy or copies of a document or documents in the file (regardless of the number of documents to which the request relates)
(a) for the production of the file—$50
(b) for each page included in a copy made in accordance with the request—$1
124
For each service or execution, or attempted service or execution, of process of the Federal Court by an officer of the Federal Court
An amount equal to:
(a) the amount of any expenses reasonably incurred by the officer in the service or execution, or attempted service or execution, of the process; and
(b) a charge worked out at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution
125
For the seizure and sale of goods by an officer of the Federal Court in the execution of process of the court (except in relation to a proceeding under the Admiralty Act 1988)
$1 090
126
For issuing a subpoena
(a) for a corporation—$210
(b) in any other case—$105
127
For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966, to attend an examination about a debtor’s examinable affairs
(a) for a publicly listed company—$700
(b) for a corporation—$460
(c) for a public authority—$460
(d) in any other case—$230
128
For taxation of a bill of costs in which the amount claimed in the bill is $10 000 or less
$1 190
129
For taxation of a bill of costs in which the amount claimed in the bill is more than $10 000 and no more than $100 000
$4 065
130
For taxation of a bill of costs in which the amount claimed in the bill is more than $100 000 and no more than $500 000
$4 640
131
For taxation of a bill of costs in which the amount claimed in the bill is more than $500 000
$5 225
132
For mediation by an officer of the Federal Court—for each attendance at the mediation
(a) for a corporation—$1 905
(b) in any other case—$815
Note: The fees mentioned in this Part (other than the fees mentioned in items 102, 103, 104, 107 and 124) are subject to biennial increase under section 2.20.
Part 2—Fees for proceedings in the Federal Circuit Court
The following table sets out fees payable in relation to proceedings in the Federal Circuit Court.
Fees for proceedings in the Federal Circuit Court
Item
Document or service
Fee
201
Filing of a document by which a proceeding in the Federal Circuit Court of Australia seeking final orders is commenced, other than:
(a) a proceeding mentioned in any of items 202, 204 to 206 and 208 to 214; or
(b) an application under the Trans‑Tasman Proceedings Act 2010
(a) for a corporation—$1 445
(b) in any other case—$600
202
Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986
$55
203
Filing of a bill of costs
$230
204
Filing of:
(a) a document seeking interlocutory, interim or procedural orders (other than a proceeding mentioned in item 202); or
(b) an application under the Trans‑Tasman Proceedings Act 2010, other than an application mentioned in item 214A
(a) for a corporation—$870
(b) in any other case—$350
205
Filing of an application to review an exercise of power by the Registrar of the Federal Circuit Court under subsection 104(2) of the Federal Circuit Court Act
(a) for a corporation—$870
(b) in any other case—$350
206
Filing of a document by which a proceeding in the Federal Circuit Court under the Bankruptcy Act 1966 is commenced
(a) for a publicly listed company—$5 075
(b) for a corporation—$3 385
(c) for a public authority—$3 385
(d) in any other case—$1 410
207
Filing, by a person other than the applicant, of a document seeking the making of final orders different from those sought by the applicant (other than in a proceeding mentioned in item 202)
(a) for a corporation—$1 445
(b) in any other case—$600
208
Filing of an application for an order for substituted service of a bankruptcy notice
(a) for a publicly listed company—$565
(b) for a corporation—$380
(c) for a public authority—$380
(d) in any other case—$150
209
Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:
(a) the applicant has been dismissed from employment in alleged contravention of Part 3‑1 of that Act;
(b) the applicant alleges a breach of section 351 of that Act
The fee prescribed under subsection 395(2) of the Fair Work Act 2009
210
Filing of an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act
The fee prescribed under subsection 395(2) of the Fair Work Act 2009
211
Filing of an application under section 539 of the Fair Work Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 548 of that Act to apply, and the claim is less than $10 000
$210
212
Filing of an application under section 539 of the Fair Work Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 548 of that Act to apply, and the claim is between $10 000 and $20 000
$345
213
Filing of an application under the National Consumer Credit Protection Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 199 of that Act to apply, and the claim is less than $10 000
$210
214
Filing of an application under the National Consumer Credit Protection Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 199 of that Act to apply, and the claim is between $10 000 and $20 000
$345
214A
Filing of an application to register a New Zealand judgment under the Trans‑Tasman Proceedings Act 2010
$110
215
Setting down for hearing for final orders of a proceeding or an issue in question in a proceeding (other than a proceeding under the Bankruptcy Act 1966 or a proceeding mentioned in item 202)
(a) for a corporation—$1 735
(b) in any other case—$715
216
For hearing for final orders of a proceeding or an issue in question in a proceeding (other than a proceeding under the Bankruptcy Act 1966 or a proceeding mentioned in item 202)—for each hearing day or part of a hearing day (other than the first hearing day)
(a) for a corporation—$1 735
(b) in any other case—$715
217
For the hearing for an examination by a Registrar of the Federal Circuit Court under section 50 or 81 of the Bankruptcy Act 1966—for each day or part of a day
(a) for a publicly listed company—$2 605
(b) for a corporation—$1 735
(c) for a public authority—$1 735
(d) in any other case—$715
218
For the hearing of an application (including a cross‑claim) under subsection 104(3) of the Federal Circuit Court Act—for each day or part of a day
(a) for a corporation—$1 735
(b) in any other case—$715
219
On request, production of a file of the Federal Circuit Court and the making of a copy or copies of a document or documents in the file (regardless of the number of documents to which the request relates)
(a) for the production of the file—$50
(b) for each page included in a copy made in accordance with the request—$1
220
Each service or execution, or attempted service or execution, of the process of the Federal Circuit Court by an officer of the court (other than in a proceeding mentioned in item 202)
An amount equal to:
(a) the amount of any expenses reasonably incurred by the officer in the service or execution, or attempted service or execution, of the process; and
(b) a charge worked out at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution
221
Seizure and sale of goods by an officer of the Federal Circuit Court in the execution of the process of the court (other than in relation to a proceeding under the Admiralty Act 1988 or a proceeding mentioned in item 202)
$545
222
For issuing a subpoena
(a) for a corporation—$140
(b) in any other case—$70
223
For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966, to attend an examination about a debtor’s examinable affairs
(a) for a publicly listed company—$700
(b) for a corporation—$460
(c) for a public authority—$460
(d) in any other case—$230
224
Mediation by an officer of the Federal Circuit Court (other than in a proceeding mentioned in item 202)—for each attendance at the mediation
$480
Note: The fees mentioned in this Schedule (other than the fees mentioned in items 202, 209, 210 and 220) are subject to biennial increase under section 2.20.
Part 2—Application of amendments
Federal Court and Federal Circuit Court Regulation 2012
12 Part 5 (heading)
Repeal the heading, substitute:
Part 5—Transitional provisions
13 At the end of Part 5
Add:
5.03 Transitional provisions relating to the Federal Courts Legislation Amendment (Fees) Regulation 2015
The amendments made by Part 1 of Schedule 1 to the Federal Courts Legislation Amendment (Fees) Regulation 2015 apply in relation to the liability of a person to pay any of the following fees:
(a) a filing fee for filing a document on or after 1 July 2015;
(b) a setting down fee for a hearing if the hearing day is fixed on or after 1 July 2015;
(c) a hearing fee for a day, or a part of a day, if the day (or part of the day) is fixed on or after 1 July 2015;
(d) a mediation fee for an attendance that is fixed on or after 1 July 2015;
(e) any other fee under this regulation for a service that is provided in relation to a proceeding on or after 1 July 2015.
Schedule 2—Amendment of the Family Law (Fees) Regulation 2012
Part 1—Main amendments
Family Law (Fees) Regulation 2012
1 Section 1.03 (definition of filing fee)
Omit “10A”, substitute “10B”.
2 Section 1.03 (definition of magistrate)
Repeal the definition.
3 At the end of section 1.04
Add:
Note 3: See also Part 3 for other transitional provisions.
4 Subsection 2.13(1)
Omit “1 July 2014”, substitute “1 July 2016”.
5 Subsections 2.13(2), (5) and (6)
Repeal the subsections.
6 Subsection 2.13(7) (heading)
Repeal the heading.
7 Schedule 1
Repeal the Schedule, substitute:
Schedule 1—Fees
Note: See section 2.02.
The following table sets out fees payable for:
(a) the filing of a document; or
(b) certain services provided in relation to a proceeding.
Fees
Item
Document or service
Fee
1
Filing an application in proceedings for a divorce order in relation to a marriage or a decree of nullity of marriage, other than proceedings to which item 2 applies
(a) general fee—$1 195
(b) reduced fee—$395
2
Filing an application in proceedings for a divorce order:
(a) commenced in a court mentioned in paragraph 10A(a) or (c) of the Family Law Regulations 1984; or
(b) commenced in another court for transfer to a court mentioned in paragraph 10A(a) or (c) of those Regulations; or
(c) commenced in the Federal Circuit Court
(a) general fee—$1 195
(b) reduced fee—$280
3
Filing an application in proceedings for a declaration about the validity of a marriage, a divorce or the annulment of a marriage
$1 315
4
Filing an application for final orders in eligible financial or parenting proceedings, other than an application under the Trans‑Tasman Proceedings Act 2010
$350
5
Filing a response to an application for final orders in eligible financial or parenting proceedings
$350
6
Filing an application for a consent order
$235
7
Filing an appeal under section 94 or 94AAA of the Family Law Act, unless leave to appeal is required and the fee mentioned in item 8 has been paid
$1 400
8
Filing an application for leave to appeal under section 94 or 94AAA of the Family Law Act
$1 400
9
Filing:
(a) an interim order application; or
(b) an application under the Trans‑Tasman Proceedings Act 2010, other than an application mentioned in item 10A
$120
10
Filing an application for both an order under Part VII of the Family Law Act and an order under any of the following:
(a) Part VIII of that Act (other than a spousal maintenance order);
(b) Part VIIIA of that Act;
(c) Part VIIIAB of that Act (other than an order for the maintenance of a party to a de facto relationship)
$585
10A
Filing an application to register a New Zealand judgment under the Trans‑Tasman Proceedings Act 2010
$110
10B
Filing an amendment of:
(a) an application mentioned in item 1, 2, 3, 4, 6, 8, 9 or 10; or
(b) a response mentioned in item 5; or
(c) a subpoena
$120
11
Setting down for hearing in proceedings for a divorce order, if defended, in relation to a marriage or a decree of nullity of marriage
(a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
(c) for hearing before a magistrate—$650
12
Setting down for hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage
(a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
(c) for hearing before a magistrate—$650
13
Setting down for hearing of an application for final orders, if defended, in eligible financial or parenting proceedings
(a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
(c) for hearing before a magistrate—$650
14
Setting down for hearing in an appeal under section 96 of the Family Law Act from a decree of a court of summary jurisdiction
$885
15
Hearing in proceedings for a divorce order, if defended, in relation to a marriage or a decree of nullity of marriage—for each hearing day or part of a hearing day, other than the first hearing day
(a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
(c) for hearing before a magistrate—$650
16
Hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage—for each hearing day, or part of a hearing day, other than the first hearing day
(a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
(c) for hearing before a magistrate—$650
17
Hearing of an application for final orders, if defended, in eligible financial or parenting proceedings—for each hearing day or part of a hearing day, other than the first hearing day
(a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
(c) for hearing before a magistrate—$650
18
Hearing in an appeal under section 96 of the Family Law Act from a decree of a court of summary jurisdiction—for each hearing day or part of a hearing day, other than the first hearing day
$885
19
For issuing a subpoena
$120
20
For a conciliation conference in proceedings for an order under Part VIII or VIIIAB of the Family Law Act
$410
Note: The fees mentioned in this Schedule are subject to increase under section 2.13.
Part 2—Application of amendments
Family Law (Fees) Regulation 2012
8 After Part 2
Insert:
Part 3—Transitional provisions
3.01 Transitional provisions relating to the Federal Courts Legislation Amendment (Fees) Regulation 2015
The amendments made by Part 1 of Schedule 2 to the Federal Courts Legislation Amendment (Fees) Regulation 2015 apply in relation to the liability of a person to pay any of the following fees:
(a) a filing fee for filing a document on or after 1 July 2015;
(b) a setting down fee for a hearing if the hearing day is fixed on or after 1 July 2015;
(c) a hearing fee for a day, or a part of a day, if the day (or part of the day) is fixed on or after 1 July 2015;
(d) a conciliation conference fee for a conference the date for which is fixed on or after 1 July 2015;
(e) any other fee under this regulation for a service that is provided in relation to a proceeding on or after 1 July 2015.
