Federal Magistrates Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 167
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Federal Magistrates Act 1999.
Dated 29 June 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ROBERT McCLELLAND
Attorney-General
1              Name of Regulations
                These Regulations are the Federal Magistrates Amendment Regulations 2010 (No. 1).
2              Commencement
                These Regulations commence on 1 July 2010.
3              Amendment of Federal Magistrates Regulations 2000
                Schedule 1 amends the Federal Magistrates Regulations 2000.
Schedule 1        Amendments
(regulation 3)
 
[1]           Regulation 3, definition of enforcement fee
omit
9 or 10
insert
15 or 16
[2]           Regulation 3, after definition of financial matter
insert
hearing fee means a fee mentioned in item 10 or 11 of Schedule 1.
[3]           Regulation 3, definition of mediation fee
omit
8
insert
14
[4]           Regulation 3, definition of setting down fee
omit
5
insert
8
[5]           After subregulation 5 (2)
insert
      (2A)   A hearing fee for a proceeding must be paid:
                (a)    if the hearing to which the fee relates is set down for a day that is earlier than 2 working days after the document initiating the proceeding is filed — at the time when the document is filed; or
               (b)    if the hearing day is 2 or more working days after the document initiating the proceeding is filed — not later than 2 working days before the hearing day; or
                (c)    if the hearing day is the next working day after an earlier scheduled hearing day for the proceeding — not later than 9.30 am on the later hearing day.
[6]           After subregulation 5 (4), including the note
insert
         (5)   In this regulation:
working day, for a hearing, means a day that is not:
                (a)    a Saturday or Sunday; or
               (b)    a public holiday in the place where the hearing is to take place.
[7]           Paragraph 7 (2) (g)
omit
12
insert
18
[8]           Paragraph 7 (2) (h)
omit
13
insert
19
[9]           After regulation 8B
insert
8C           Exemptions from payment of hearing fees
                A hearing fee is not payable in a proceeding relating to a matter if the matter was:
                (a)    both:
                          (i)    remitted by the High Court, in the exercise of its appellate jurisdiction, for re‑hearing by the Federal Court under section 44 of the Judiciary Act 1903; and
                         (ii)    subsequently transferred by the Federal Court to the Federal Magistrates Court under section 32AB of the Federal Court of Australia Act 1976; or
               (b)    remitted by the High Court, in the exercise of its appellate jurisdiction, for re‑hearing by the Federal Magistrates Court under section 44 of the Judiciary Act 1903.
[10]         Subregulation 11 (2)
after
If a setting down fee
insert
or hearing fee
[11]         Subregulation 11 (2), note
substitute
Note 1   For when a setting down fee must be paid, see subregulation 5 (2).
Note 2   For when a hearing fee must be paid, see subregulation 5 (2A).
[12]         Subregulation 12 (1)
after
setting down fee
insert
or hearing fee
[13]         Subregulation 12 (2)
after
setting down fee
insert
or hearing fee
[14]         Regulation 14
substitute
14            Biennial increases in fees
         (1)   On each biennial anniversary of 1 July 2006, the amount of each fee mentioned in Schedule 1 (except the fees mentioned in items 2, 15, 18 and 19) increases in accordance with regulation 15.
         (2)   Subregulation (1) applies to the items in Schedule 1 as follows:
                (a)    items 7 and 20 — after 30 June 2012;
               (b)    the other items — after 30 June 2010.
[15]         Subregulation 15 (1), definition of fee
omit
9 or 12
insert
15, 18 and 19
[16]         Schedule 1, table
substitute
Item
Document or action
Fee

1
Filing a document by which a proceeding in the Federal Magistrates Court (other than a proceeding mentioned in items 2 to 7 and 17 to 20) seeking final orders is commenced:
 

 
(a)  if a corporation is liable to pay the fee
$848

 
(b)  in any other case
$426

2
Filing an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986
$54

3
Filing a document by which a proceeding in the Federal Magistrates Court under the Family Law Act 1975 for a divorce order is commenced
$550

4
Filing a document by which a proceeding in the Federal Magistrates Court under the Family Law Act 1975 about a financial matter or a matter under Part VII of that Act seeking final orders is commenced
$243

5
Filing a document seeking interlocutory, interim or procedural orders (other than a proceeding under the Family Law Act 1975 or a proceeding mentioned in item 2):
 

 
(a)  if a corporation is liable to pay the fee
$509

 
(b)  in any other case
$254

6
Filing of an application to review an exercise of power by the Registrar, under subsection 104 (2) of the Act (other than in relation to family law or child support proceedings):
 

 
(a)  if a corporation is liable to pay the fee
$509

 
(b)  in any other case
$254

7
Filing a document by which a proceeding in the Court under the Bankruptcy Act 1966 is commenced:
 

 
(a)  if a corporation is liable to pay the fee
$1 983

 
(b)  in any other case
$828

8
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 2 or 9’):
 

 
(a)  if a corporation is liable to pay the fee
$1 018

 
(b)  in any other case
$509

9
Setting down for hearing for final orders of a proceeding or an issue in question in a proceeding under the Family Law Act 1975 (other than an undefended proceeding)
$444

10
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 2 or 11) — for each hearing day (excluding the first hearing day):
 

 
(a)  if a corporation is liable to pay the fee
$1 018

 
(b)  in any other case
$509

11
For hearing for final orders of a proceeding or an issue in question in a proceeding under the Family Law Act 1975 (other than an undefended proceeding) — for each hearing day (excluding the first hearing day)
$444

12
Filing, by a person other than the applicant, a document seeking the making of final orders different from those sought by the applicant (otherwise than in a proceeding under the Family Law Act 1975 or a proceeding mentioned in item 2):
 

 
(a)  if a corporation is liable to pay the fee
$848

 
(b)  in any other case
$426

13
Filing, by a person other than the applicant, a document seeking the making of final orders different from those sought by the applicant in a proceeding under the Family Law Act 1975 about a financial matter or a matter under Part VII of that Act
$176

14
Mediation by a court officer of the Federal Magistrates Court (otherwise than in a proceeding under the Family Law Act 1975 or a proceeding mentioned in item 2) — for the first attendance at the mediation
$338

15
Each service or execution, or attempted service or execution, of the process of the Federal Magistrates Court by an officer of the Court (in a proceeding other than a proceeding under the Family Law Act 1975 or a proceeding mentioned in item 2)
An amount equal to the amount of any expenses reasonably incurred in the service or execution, or attempted service or execution, of the process of the Court, together with a charge calculated at the hourly rate of salary payable to the officer of the Court

16
Seizure and sale of goods by an officer of the Federal Magistrates Court in the execution of the process of the Court (except in relation to a proceeding under the Admiralty Act 1988, a proceeding under the Family Law Act 1975 or a proceeding mentioned in item 2)
$388

17
Filing of an application for an order for substituted service of a bankruptcy notice:
 

 
(a)  if a corporation is liable to pay the fee
$221

 
(b)  in any other case
$110

18
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
The fee prescribed for subsection 395 (2) of that Act by the Fair Work Regulations 2009

 
(b)  the applicant alleges a breach of section 351 of that Act
 

19
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 for subsection 395 (2) of that Act by the Fair Work Regulations 2009

20
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 that Act to apply:
 

 
(a)  if the claim is less than $10 000
$150

 
(b)  if the claim is between $10 000 and $20 000
$250

Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.