Federal Court of Australia Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 166
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 Court of Australia Act 1976.
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 Court of Australia Amendment Regulations 2010 (No. 1).
2 Commencement
These Regulations commence on 1 July 2010.
3 Amendment of Federal Court of Australia Regulations 2004
Schedule 1 amends the Federal Court of Australia Regulations 2004.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 2
omit each mention of
4
insert
5
[2] Subregulation 3 (1), definition of filing fee
omit
1 to 12
insert
1 to 14
[3] Subregulation 3 (1), definition of hearing fee
omit
14 or 15
insert
16, 17, 18 or 19
[4] Subregulation 3 (1), definition of setting-down fee
omit
13
insert
15
[5] Paragraph 5 (2) (b)
omit
22
insert
26
[6] Subparagraphs 5 (2) (c) (i) and (d) (i)
omit each mention of
20 or 21
insert
24 or 25
[7] Subregulation 6 (2)
omit
22
insert
26
[8] Regulation 8
substitute
8 Biennial adjustment of amount of fee
(1) On each biennial anniversary of 1 July 2004, the amount of each fee mentioned in Schedule 1 (except the fees mentioned in items 2, 3, 4 and 21 of that Schedule) increases in accordance with Schedule 2.
(2) Subregulation (1) applies to the items in Schedule 1 as follows:
(a) item 12 — after 30 June 2012;
(b) the other items — after 30 June 2010.
[9] Subregulation 9 (1)
omit
19, 20, 21, 22 or 23
insert
23, 24, 25, 26 or 27
[10] Paragraph 10 (1) (b)
omit
19, 20, 21, 22 or 23
insert
23, 24, 25, 26 or 27
[11] Subregulation 11 (2)
substitute
(2) The fee mentioned in item 20 of Schedule 1 for making copies of a document is payable, unless the fee is for:
(a) a first copy of the document; or
(b) a copy required for the preparation of appeal papers.
[12] Paragraph 11 (3) (b)
omit
9 or 10
insert
10 or 11
[13] Schedule 1, table
substitute
Item
Document or service
Fee
1
Filing of a document by which a proceeding in the Court is commenced, except:
(a) a proceeding or application mentioned in item 2, 3, 4, 12 or 13; or
(b) an appeal from a judgment of the Court or of another 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
(a) for a corporation $2 142
(b) in any other case $894
2
Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986
$54
3
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
4
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
5
Filing of an election petition under Schedule 4 to the Aboriginal and Torres Strait Islander Act 2005
$36
6
Filing of an affidavit or other document originating an application for leave or special leave to appeal
(a) for a corporation $2 134
(b) in any other case $1 203
7
Filing of a notice of appeal instituting an appeal from a judgment of the Court or another court if no fee has been paid under item 6
(a) for a corporation $5 334
(b) in any other case $3 007
8
Filing of a notice of appeal instituting an appeal from a decision of the Administrative Appeals Tribunal
(a) for a corporation $5 334
(b) in any other case $3 007
9
Filing of a notice of appeal in a proceeding in relation to which a fee has been paid under item 6
(a) for a corporation $3 200
(b) in any other case $1 804
10
Filing of an application to review a decision of the Registrar, under subsection 35A (5) of the Act
(a) for a corporation $873
(b) in any other case $436
11
Filing of a notice of motion
(a) for a corporation $657
(b) in any other case $328
12
Filing a document by which a proceeding in the Court under the Bankruptcy Act 1966 is commenced
(a) for a corporation $1 983
(b) in any other case $828
13
Filing of an application for an order for substituted service of a bankruptcy notice
(a) for a corporation $438
(b) in any other case $220
14
Filing of a cross‑claim
(a) for a corporation $2 142
(b) in any other case $894
15
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 $3 569
(b) in any other case $1 786
16
For the hearing of an application (including a cross‑claim) under subsection 35A (5) of the Act (review of exercise of power of the Registrar) — for each half day, or part of a half day
(a) for a corporation $713
(b) in any other case $356
17
For the hearing of an application (including a cross‑claim) other than an application mentioned in item 16, an issue or question in such an application or an appeal (including a cross‑appeal) — for the 2nd, 3rd and 4th days, or part of a day
(a) for a corporation $1 428
(b) in any other case $712
18
For the hearing of an application (including a cross‑claim) other than an application mentioned in item 16, an issue or question in such an application or an appeal (including a cross‑appeal) — for the 5th, 6th, 7th, 8th and 9th days, or part of a day
(a) for a corporation $2 568
(b) in any other case $1 184
19
For the hearing of an application (including a cross‑claim) other than an application mentioned in item 16, an issue or question in such an application or an appeal (including a cross‑appeal) — for the 10th and subsequent days, or part of a day
(a) for a corporation $5 068
(b) in any other case $2 384
20
On request, making of a copy or copies of a document or documents filed in, lodged with, or produced to, the Court (regardless of the number of documents to which the request relates)
(a) for the request $3
(b) for each page $1
included in a copy made in accordance with the request
21
For each service or execution, or attempted service or execution, of process of the Court by an officer of the Court
An amount equal to the amount of any expenses reasonably incurred by that officer in the service or execution, or attempted service or execution, of the process, together with a charge calculated at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution
22
For the seizure and sale of goods by an officer of the Court in the execution of process of the Court (except in relation to a proceeding under the Admiralty Act 1988)
$777
23
For issuing a subpoena to produce or give evidence
$73
24
For taxation of a bill of costs in which the amount claimed in the bill is $10 000 or less
$848
25
For taxation of a bill of costs in which the amount claimed in the bill is more than $10 000
$2 036
26
For mediation by a court officer — for the first attendance at the mediation
(a) for a corporation $894
(b) in any other case $446
27
On request, production of files of the Court relating to a proceeding or purported proceeding (unless request is by, or on behalf of, a party to the proceeding or purported proceeding) for search and inspection
$35
[14] Schedule 2, clause 1, definition of fee
omit
3 or 17
insert
3, 4 or 21
[15] Schedule 3, paragraph 1 (2) (ba)
omit
3A
insert
4
[16] Schedule 4, item 2
omit
90.00
insert
95.00
[17] Schedule 4, item 3
omit
100.00
insert
105.00
[18] Schedule 4, item 4
omit
110.00
insert
116.00
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.
