{"id":"C2004L00142","name":"Federal Court of Australia Regulations 1978","slug":"federal-court-of-australia-regulations-1978","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"36 of 1978","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":25325,"registerId":"commonwealth-C2004L00142-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Federal Court of Australia Regulations 1978","content":"![](image.001.png)\n\nFederal Court of Australia Regulations 1978\n\nStatutory Rules 1978 No. 36 as amended\n\nmade under the\n\nFederal Court of Australia Act 1976\n\nThis compilation was prepared on 11 November 2004 \ntaking into account amendments up to SR 2004 No. 291\n\n\\[Note: These Regulations were repealed by SR 2004 No. 291\\]\n\nPrepared by the Office of Legislative Drafting, \nAttorney-General’s Department, Canberra\n\nContents\n\n1 Name of Regulations \\[see Note 1\\]\n\n1A Interpretation\n\n2 Filing fees etc\n\n2AA Setting down fees\n\n2A Hearing fees\n\n2AB Biennial increases in fees\n\n2AC Calculation of increase\n\n2AD Refund of fees\n\n2B Notice of decision: review by the Administrative Appeals Tribunal\n\n3 Application\n\n4 Prescribed contract limit (Act s 18A (4))\n\nSchedule Fees to be taken in the Registry of the Court\n\nNotes\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Federal Court of Australia Regulations 1978.\n\n1A Interpretation\n\nIn these Regulations, unless the contrary intention appears:\n\n> Act means the Federal Court of Australia Act 1976.\n\n> corporation has the same meaning as in the Corporations Law and includes a financial institution (as defined in section 111AZA of that Law).\n\n> hearing fee means a fee prescribed by regulation 2A.\n\n> Registrar includes the Deputy Registrar, a District Registrar and a Deputy District Registrar.\n\n> setting down fee means a fee prescribed by regulation 2AA.\n\n2 Filing fees etc\n\n(1) A fee is payable for an action of the Court, or an officer of the Court, that is specified in an item in the Schedule, being, except as provided by this regulation, regulation 2AA or regulation 2A, the fee specified in column 3 of the item.\n\n> Note These fees are subject to increase under regulation 2AB.\n\n(1A) Unless the Court, a Judge, Judicial Registrar or Registrar orders otherwise:\n\n(a) the fee mentioned in item 13 of the Schedule is payable by the applicant in the proceedings to which the mediation relates; and\n\n(b) any other fee mentioned in the Schedule is payable by the person for whom the action is taken.\n\n(1B) If a corporation is liable to pay a fee under subregulation (1A) (except a fee in respect of item 1, 1AA, 1A, 5, 6, 7, 10, 11, 12 or 14), the amount of the fee payable is twice the amount of the fee set out in column 3 of the relevant item.\n\n(1BA) A fee (other than a filing fee mentioned in item 1AA of the Schedule) is not payable in relation to an application under section 46PO or 46PP of the Human Rights and Equal Opportunity Commission Act 1986.\n\n(1C) A fee (other than a filing fee mentioned in item 1A of the Schedule) is not payable in relation to an application under section 170CP of the Workplace Relations Act 1996.\n\n(1CA) A fee is not payable in relation to an appeal, mentioned in section 24 of the Federal Court of Australia Act 1976, from the judgment in an application referred to in subregulation (1BA) or (1C).\n\n(1D) A fee is not payable in relation to a proceeding commenced under Division 3 of Part VIA of the Workplace Relations Act 1996 (as in force before 31 December 1996) that is transferred to the Court from the Industrial Relations Court.\n\n(2) A fee is not payable under this regulation upon the filing of a document relating to:\n\n(c) a matter that has been remitted to the Court by the High Court in accordance with section 44 of the Judiciary Act 1903;\n\n(e) the reference to the Court by the Administrative Appeals Tribunal of a question of law;\n\n(f) a proceeding in respect of a criminal matter;\n\n(g) an application to the Court for an extension of the time within which a proceeding may be commenced;\n\n(h) a proceeding in respect of which a Convention to which Australia is a party provides that a fee shall not be payable;\n\n(j) a case stated or a question reserved for the consideration or opinion of the Court;\n\n(l) the referral to the Court by the Commissioner of Taxation of an objection decision as defined in section 14ZAB of the Taxation Administration Act 1953.\n\n(2A) A fee is not payable in relation to:\n\n(a) an appeal under section 14ZZ of the Taxation Administration Act 1953; or\n\n(b) an appeal from a decision of the Administrative Appeals Tribunal in its Taxation Appeals Division; or\n\n(c) an appeal from a single Judge to the Full Court in relation to an appeal under section 14ZZ of the Taxation Administration Act 1953;\n\nif the Registrar who receives the appeal is satisfied that the appeal (in this regulation called the relevant appeal) meets the criteria set out in subregulation (2B).\n\n(2B) The criteria are that:\n\n(a) the person lodging the relevant appeal has lodged another appeal and has paid a fee in relation to it; and\n\n(b) the same paragraph of subregulation (2A) describes both appeals; and\n\n(c) the relevant appeal concerns an issue (other than a procedural issue) that is substantially the same as an issue raised in the other appeal.\n\n(3) A document must not be filed in a Registry of the Court, or a service mentioned in items 11, 12, 13 or 14 in the Schedule must not be provided, unless the fee payable for that filing or service has been paid.\n\n(4) A fee is not payable if:\n\n(a) the person liable to pay the fee has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General, for the proceedings for which the fee would otherwise be payable; or\n\n(b) the person liable to pay the fee is:\n\n(i) the holder of one of the following cards issued by the Department of Social Security:\n\n(A) a health care card;\n\n(B) a health benefit card;\n\n(C) a pensioner concession card;\n\n(D) a Commonwealth seniors health card; or\n\n(ia) the holder of any other card issued by the Department of Social Security or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or\n\n(ii) an inmate of a prison or is otherwise lawfully detained in a public institution; or\n\n(iii) a child under the age of 18 years; or\n\n(iv) in receipt of a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991; or\n\n(v) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or\n\n(c) in the case of an individual who is liable to pay the fee — the Registrar, having regard to the income, day to day living expenses, liabilities and assets of the individual, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the individual; or\n\n(d) in the case of a corporation that is liable to pay the fee — the Registrar, having regard to the income, liabilities and assets of the corporation, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the corporation.\n\n(5) The Registrar may defer the payment of a fee in relation to an application or appeal if, in his or her opinion, filing the application or appeal is attended by urgency that overrides the requirement of payment of the fee at the time of filing.\n\n(6) If payment of a fee has been deferred under subregulation (5), the fee:\n\n(a) must be paid within 30 days of filing; and\n\n(b) if not paid within that period, is a debt due to the Commonwealth that may be recovered in a court of competent jurisdiction.\n\n2AA Setting down fees\n\n(1) Subject to subregulations (1A) and (2), if the Court, a Judge, Judicial Registrar or Registrar fixes a date for the hearing of a proceeding, the following fee is payable for the setting down of the proceeding for hearing:\n\n(a) for an application or an issue or question in an application:\n\n(i) if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation — $2,000; or\n\n(ii) in any other case — $1,000;\n\n(b) for an appeal (to a single Judge or to the Full Court):\n\n(i) if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation — $2,000; or\n\n(ii) in any other case — $1,000.\n\n> Note These fees are subject to increase under regulation 2AB.\n\n(1A) If a fee has been paid for mediation in relation to the proceeding, the setting down fee for the proceeding is reduced by the amount of the fee paid for the mediation.\n\n(2) A setting down fee is not payable if:\n\n(a) the proceeding is of an interlocutory nature only; or\n\n(b) a setting down fee has been paid under these Regulations, or under another law of the Commonwealth, for the application or appeal, and has not been refunded; or\n\n(c) the matter is an application for admission to practice as a barrister, solicitor or barrister and solicitor; or\n\n(d) the proceeding is one to which subregulation 2 (1BA), 2 (1C), 2 (1CA), 2 (1D) or 2 (2) applies; or\n\n(e) the proceeding is one referred to in subregulation 2 (2A) that meets the criteria in subregulation 2 (2B); or\n\n(f) the person liable to pay the fee has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General, for the matter to which the hearing fee relates; or\n\n(g) the person liable to pay the fee is:\n\n(i) the holder of one of the following cards issued by the Department of Social Security:\n\n(A) a health care card;\n\n(B) a health benefit card;\n\n(C) a pensioner concession card;\n\n(D) a Commonwealth seniors health card; or\n\n(ia) the holder of any other card issued by the Department of Social Security or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or\n\n(ii) an inmate of a prison or is otherwise lawfully detained in a public institution; or\n\n(iii) a child under the age of 18 years; or\n\n(iv) in receipt of a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991; or\n\n(v) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or\n\n(h) in the case of an individual who is liable to pay the fee — the Registrar, having regard to the income, day to day living expenses, liabilities and assets of the individual, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the individual; or\n\n(i) in the case of a corporation that is liable to pay the fee — the Registrar, having regard to the income, liabilities and assets of the corporation, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the corporation; or\n\n(j) the proceeding is a proceeding in the Court in the exercise by the Court of original jurisdiction vested in it by the Bankruptcy Act 1966.\n\n(3) The person liable to pay a setting down fee is the applicant or appellant or, if the Court, a Judge, Judicial Registrar or Registrar so orders:\n\n(a) another party to the application or appeal, including the applicant or appellant, in the proportions ordered; or\n\n(b) each of 2 or more of the parties to the application or appeal, including the applicant or appellant, in the proportions ordered.\n\n(4) If a setting down fee is unpaid:\n\n(a) the Court, a Judge, Judicial Registrar or Registrar may order that no proceedings other than specified proceedings, are to take place, except by leave, in the matter to which the application or appeal relates; and\n\n(b) a person other than the person liable to pay the fee may pay the fee without affecting any power of the Court, a Judge, Judicial Registrar or Registrar to make an order for costs for the fee; and\n\n(c) the Court, a Judge, Judicial Registrar or Registrar may vacate the date fixed for hearing.\n\n2A Hearing fees\n\n(1) Subject to subregulation (2), the following daily hearing fee is payable for the hearing of a proceeding:\n\n(a) for the hearing of a notice of motion:\n\n(i) if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation — $400; or\n\n(ii) in any other case — $200;\n\nfor each half day or part of a half day of hearing;\n\n(b) for the hearing of an application under subsection 35A (5) of the Act to review an exercise of power of the Registrar:\n\n(i) if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation — $400; or\n\n(ii) in any other case — $200;\n\nfor each half day or part of a half day of hearing;\n\n(c) for the hearing of an application, an issue or question in an application, or an appeal (whether to a single Judge or to the Full Court):\n\n(i) if the person liable to pay the fee (or if more than one person is liable, any of them) is a corporation — $800; or\n\n(ii) in any other case — $400;\n\nfor each day or part of a day of hearing after the first day of hearing.\n\n> Note These fees are subject to increase under regulation 2AB.\n\n(2) A hearing fee is not payable if:\n\n(a) the sole purpose of the hearing is the delivery of a reserved judgement; or\n\n(b) a hearing fee has been paid under these Regulations or another law of the Commonwealth for the application or appeal, and has not been refunded; or\n\n(c) the matter is an application for admission to practice as a barrister, solicitor or barrister and solicitor; or\n\n(d) the proceeding is one to which subregulation 2 (1BA), 2 (1C), 2 (1CA), 2 (1D) or 2 (2) applies; or\n\n(da) the proceeding is one referred to in subregulation 2 (2A) that meets the criteria in subregulation 2 (2B); or\n\n(e) the person liable to pay the fee has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General, for the matter to which the hearing fee relates; or\n\n(f) the person liable to pay the fee is:\n\n(i) the holder of one of the following cards issued by the Department of Social Security:\n\n(A) a health care card;\n\n(B) a health benefit card;\n\n(C) a pensioner concession card;\n\n(D) a Commonwealth seniors health card; or\n\n(ia) the holder of any other card issued by the Department of Social Security or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or\n\n(ii) an inmate of a prison or is otherwise lawfully detained in a public institution; or\n\n(iii) a child under the age of 18 years; or\n\n(iv) in receipt of a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991; or\n\n(v) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or\n\n(g) in the case of an individual who is liable to pay the fee — the Registrar, having regard to the income, day to day living expenses, liabilities and assets of the individual, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the individual; or\n\n(h) in the case of a corporation that is liable to pay the fee — the Registrar, having regard to the income, liabilities and assets of the corporation, waives payment of the fee because, in the Registrar’s opinion, it would cause financial hardship to the corporation; or\n\n(i) the proceeding is a proceeding in the Court in the exercise by the Court of original jurisdiction vested in it by the Bankruptcy Act 1966.\n\n(3) The person liable to pay a hearing fee is:\n\n(a) the applicant or appellant; or\n\n(b) if the Court, a Judge, Judicial Registrar or Registrar so orders:\n\n(i) another party to the application or appeal; or\n\n(ii) each of 2 or more of the parties to the application or appeal, including the applicant or appellant, in the proportions ordered.\n\n(4) If a hearing fee is unpaid:\n\n(a) the Court, a Judge, Judicial Registrar or Registrar may order that no proceedings, or no proceedings other than specified proceedings, are to take place, except by leave, in the matter to which the application or appeal relates; and\n\n(b) a person other than the person liable to pay the fee may pay the fee without affecting any power of the Court, a Judge, Judicial Registrar or Registrar to make an order for costs for the fee; and\n\n(c) the Court, a Judge, Judicial Registrar or Registrar may vacate the date fixed for hearing.\n\n(5) A hearing fee must be paid:\n\n(a) if the hearing day to which the fee relates is scheduled to occur on the next working day after a scheduled hearing day for the proceeding — no later than 9.30 a.m. on the day to which the hearing fee relates; or\n\n(b) if the hearing day to which the fee relates is not the next working day after a scheduled hearing day for the proceeding:\n\n(i) if the day to which the hearing fee relates is earlier than 2 working days after the day on which the document initiating the proceeding is filed — at the time when the document is filed; or\n\n(ii) in any other case — not later than 2 working days before the day to which the hearing fee relates.\n\n(6) In this regulation, half day means a period of 3 hours in a scheduled hearing day.\n\n2AB Biennial increases in fees\n\nDespite any other provision of these Regulations, a fee prescribed by regulation 2 (other than a fee mentioned in item 1AA or 1A in the Schedule), 2AA or 2A is increased, in accordance with regulation 2AC, on each biennial anniversary of 1 July 1996.\n\n2AC Calculation of increase\n\n(1) In this regulation:\n\n> fee means a fee prescribed by regulation 2 (other than a fee mentioned in item 1AA or 1A in the Schedule), 2AA or 2A.\n\n> CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.\n\n> relevant period means any of the following periods:\n\n(a) the 2 year period commencing on 1 July 1996;\n\n(b) after that period — each 2 year period commencing on a biennial anniversary of 1 July 1996.\n\n(2) If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula:\n\n![](image.002.png)\n\nwhere:\n\n> earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period; and\n\n> fee is the fee in force at the end of the relevant period; and\n\n> latest CPI number is the CPI number for the last March quarter before the end of the relevant period.\n\n(3) If, apart from this subregulation, the amount of a fee increased under subregulation (2) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.\n\n(4) Subject to subregulation (5), if at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this regulation.\n\n(5) If, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this regulation after the change is made, regard shall be had only to numbers published in terms of the new reference base.\n\n2AD Refund of fees\n\n(1) A person who has paid a setting down fee or a hearing fee is entitled to a refund of the fee if:\n\n(a) notice that the hearing of the notice of motion, application or appeal for which the fee was paid will not proceed is given to the Registrar:\n\n(i) if the date for hearing was fixed less than 10 working days before that date — not less than 2 working days before the date for hearing; or\n\n(ii) in any other case — not less than 10 working days before the date for hearing; and\n\n(b) the hearing does not proceed.\n\n(2) A person who has paid a setting down fee or a hearing fee is entitled to a refund of the fee if:\n\n(a) despite a notice being given to the Registrar under paragraph (1) (a) — a hearing is conducted for the purpose of making formal orders; or\n\n(b) the fee was not payable because of the operation of subregulation 2AA (2) or 2A (2).\n\n2B Notice of decision: review by the Administrative Appeals Tribunal\n\n(1) If the Registrar makes a decision under subregulation 2 (2A) or paragraph 2 (4) (c), 2AA (2) (h) or 2A (2) (g), a notice of the decision must be given to the person liable to pay the fee to which the decision relates.\n\n(2) Application may be made to the Administrative Appeals Tribunal for review of a decision of that kind.\n\n(3) If the decision is a decision that an appeal does not meet the criteria set out in subregulation 2 (2B), or a decision not to waive payment of a fee, the notice must:\n\n(a) set out reasons for the decision; and\n\n(b) contain, or be accompanied by, a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision.\n\n(4) A notice under subregulation (1) must be given within 28 days of the date of the decision.\n\n(5) Failure to include in a notice under subregulation (1) a statement of the kind mentioned in paragraph (3) (b) does not affect the validity of the decision.\n\n3 Application\n\n(1) These Regulations apply to and in relation to:\n\n(a) a proceeding commenced in the Court on or after 28 March 1978; and\n\n(b) the service or execution of the process of the Court issued or granted on or after that date.\n\n(2) A fee is not payable:\n\n(a) under subregulation 2 (1) in respect of a matter specified in item 8 or 9 of the Schedule; or\n\n(b) under subregulation 2A (1);\n\nin a proceeding commenced on or before 31 March 1992.\n\n4 Prescribed contract limit (Act s 18A (4))\n\nFor paragraph 18A (4) (b) of the Act, a higher amount of $1,000,000 is prescribed.\n\nSchedule Fees to be taken in the Registry of the Court\n\n(regulation 2)\n\n| Column 1 | Column 2 | Column 3 |\n| -------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Item No. | Document or service | Fee ($) |\n| 1 | On filing a document by which proceedings in the Court (other than a proceeding mentioned in item 1A, an appeal from a judgment of the Court or another court, an application for leave or special leave to appeal or an incidental proceeding in the course of, or in connection with, proceedings) are commenced: | |\n| | (a) if a corporation is liable to pay the fee | 1,200.00 |\n| | (b) in any other case | 500.00 |\n| 1AA | On filing an application under section 46PO or 46PP of the Human Rights and Equal Opportunity Commission Act 1986 | 50.00 |\n| 1A | On filing an application under section 170CP of the Workplace Relations Act 1996 | the fee payable under subregulation 30BD (1) of the Workplace Relations Regulations for lodgment of an application under subsection 170CE (1), (2), (3) or (4) of the Workplace Relations Act 1996 |\n| 2 | On filing an affidavit or other document originating an application for leave or special leave to appeal | 400.00 |\n| 3 | On filing a notice of appeal instituting an appeal from a judgment of the Court or another court where no fee has been paid under item 2 | 1,000.00 |\n| 3A | On filing a notice of appeal instituting an appeal from a decision of the Administrative Appeals Tribunal | 1,000.00 |\n| 4 | On filing a notice of appeal in proceedings in relation to which a fee has been paid under item 2 | 600.00 |\n| 5 | On making a request for a copy or copies of a document or documents (regardless of the number of documents to which the request relates): | |\n| | (a) for the request | 2.50 |\n| | (b) for each page included in a copy made in accordance with the request | 1.00 |\n| 6 | For each service or execution, or attempted service or execution, of the 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 of the Court, together with a charge calculated at the hourly rate of salary payable to an officer of the Court who is involved in the service or execution or attempted service or execution |\n| 7 | For the seizure and sale of goods by an officer of the Court in the execution of the process of the Court — poundage for each $100.00 value of goods | 2.00 |\n| 8 | On filing an application to review a decision of the Registrar, in accordance with subsection 35A (5) of the Act | 245.00 |\n| 9 | On filing a notice of motion | 123.00 |\n| 10 | On filing a cross claim: | |\n| | (a) if a corporation is liable to pay the fee | 1,200.00 |\n| | (b) in any other case | 500.00 |\n| 11 | For issuing a subpoena to produce or give evidence | 40.00 |\n| 12 | On an appointment being given to tax a bill of costs in which the amount claimed in the bill is $10 000 or less | 500.00 |\n| 12A | On an appointment being given to tax a bill of costs in which the amount claimed in the bill is more than $10 000 | 1 200.00 |\n| 13 | For mediation by a court officer — for the first attendance at the mediation | 250.00 |\n| 14 | For each request to search and inspect files of the Court relating to a proceeding or purported proceeding (other than a request by, or on behalf of, a person party to the proceeding or purported proceeding) | 20.00 |\n\n> Note 1 Subregulation 2 (1B) provides for a fee payable by a corporation for items 2, 3, 3A, 4, 8, 9 or 13 to be twice the fee specified in column 3 of the item.\n\n> Note 2 As at 20 December 1996, subregulation 30BD (1) of the Workplace Relations Regulations provides that a fee of $50 is payable for lodgment of an application under subsection 170CE (1), (2), (3) or (4) of the Workplace Relations Act 1996.\n\n> Note 3 The fees mentioned in the Schedule (except the fees mentioned in items 1AA and 1A) are subject to increase under r 2AB.\n\n> Notes to the Federal Court of Australia Regulations 1978\n\n> Note 1\n\n> Note: The Federal Court of Australia Regulations 1978 (in force under the Federal Court of Australia Act 1976) as shown in this compilation comprise Statutory Rules 1978 No. 36 amended as indicated in the Tables below.\n\n> Note: > Note: Table of Statutory Rules\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ------------------------------------------------------------------------------------------------- | --------------------------------------------- |\n| 1978 No. 36 | 22 Mar 1978 | 22 Mar 1978 | |\n| 1979 No. 43 | 21 Mar 1979 | 21 Mar 1979 | — |\n| 1982 No. 245 | 1 Oct 1982 | 1 Oct 1982 | R. 2 |\n| 1983 No. 339 | 30 Dec 1983 | 30 Dec 1983 | R. 2 |\n| 1985 No. 178 | 24 July 1985 | 1 Aug 1985 | — |\n| 1987 No. 22 | 24 Feb 1987 | 1 Mar 1987 | — |\n| 1987 No. 171 | 31 Aug 1987 | 1 Sept 1987 | — |\n| 1987 No. 198 | 21 Sept 1987 | 21 Sept 1987 | — |\n| 1989 No. 154 | 30 June 1989 | 1 July 1989 | — |\n| 1989 No. 328 | 30 Nov 1989 | 1 Dec 1989 | — |\n| 1991 No. 448 | 19 Dec 1991 | 1 Apr 1992 | R. 6 |\n| 1992 No. 405 | 16 Dec 1992 | R. 7: 1 Apr 1992Remainder:16 Dec 1992 | — |\n| 1995 No. 417 | 22 Dec 1995 | 1 Jan 1996 | — |\n| 1996 No. 189 | 30 Aug 1996 | 1 Sept 1996 | — |\n| 1996 No. 254 | 26 Nov 1996 | 1 Dec 1996 | Rr. 3 and 9 |\n| 1996 No. 266 | 11 Dec 1996 | 16 Dec 1996 | — |\n| 1996 No. 321 | 23 Dec 1996 | Rr. 4.2, 5-8, 9.1 and 9.2: 31 Dec 1996 (see r. 1 and Gazette 1996, No. S535)Remainder:23 Dec 1996 | Rr. 3 and 10 |\n| 1997 No. 107 | 15 May 1997 | R. 4.2: 25 May 1997 Remainder: 15 May 1997 | — |\n| 1997 No. 249 | 24 Sept 1997 | 24 Sept 1997 | — |\n| 1998 No. 55 | 8 Apr 1998 | 8 Apr 1998 | — |\n| 2000 No. 15 | 15 Mar 2000 | 15 Mar 2000 | — |\n| 2000 No. 37 | 29 Mar 2000 | 13 Apr 2000 (see r. 2) | — |\n| 2000 No. 45 | 19 Apr 2000 | 19 Apr 2000 | — |\n| 2000 No. 244 | 5 Sept 2000 | 5 Sept 2000 | — |\n| 2001 No. 172 | 5 July 2001 | 5 July 2001 | — |\n| 2004 No. 291 | 7 Sept 2004 | 1 Nov 2004 | — |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2000 No. 15

R. 1A................

ad. 1992 No. 405

am. 1996 No. 189; 1997 No. 107

R. 2.................

am. 1979 No. 43; 1983 No. 339; 1987 Nos. 22 and 198; 1991 No. 448; 1992 No. 405; 1996 Nos. 189, 254, 266 and 321; 1997 Nos. 107 and 249; 2000 Nos. 15, 37 and 244; 2001 No. 172

R. 2AA...............

ad. 1996 No. 189

am. 1996 Nos. 254, 266 and 321; 1997 Nos. 107 and 249; 1998 No. 55; 2000 Nos. 15 and 37; 2001 No. 172

R. 2A................

ad. 1991 No. 448

am. 1992 No. 405; 1995 No. 417; 1996 Nos. 189, 254, 266 and 321; 1997 Nos. 107 and 249; 2000 Nos. 15 and 37; 2001 No. 172

R. 2AB...............

ad. 1996 No. 189

am. 1996 No. 321; 2000 No. 37

R. 2AC...............

ad. 1996 No. 189

am. 1996 Nos. 254 and 321; 2000 No. 37

R. 2AD...............

ad. 1996 No. 189

R. 2B................

ad. 1991 No. 448

rs. 1992 No. 405

am. 1996 No. 189

R. 3.................

am. 1992 No. 405

R. 4.................

ad. 2000 No. 45

Schedule.............

rs. 1982 No. 245

am. 1985 No. 178; 1987 Nos. 22 and 171; 1989 Nos. 154 and 328; 1991 No. 448

rs. 1995 No. 417; 1996 No. 189

am. 1996 Nos. 254 and 321; 2000 Nos. 37 and 244; 2001 No. 172

Note 1 to Schedule......

rs. 1996 Nos. 254 and 321

Note 2 to Schedule......

rs. 1996 No. 321

Note 3 to Schedule......

rs. 1996 No. 321; 2000 No. 37

\n```","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":4125},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations expanded significantly from their original 1978 scope. Initially focused on basic filing and service fees, they grew to include a comprehensive three-tier fee structure (filing, setting down, and daily hearing fees), automatic biennial CPI indexation mechanisms, and extensive exemption schemes for disadvantaged litigants and specific case types including human rights, workplace relations, and bankruptcy matters."},"complexity_factors":["Three distinct fee regimes (filing, setting down, hearing) with different calculation methods and payment timing rules","Differential pricing requiring status determination (corporations pay 2x standard fees)","Extensive exemption categories (12+) repeated across multiple regulations with slight variations in wording and applicability","Biennial CPI indexation with mathematical formula, reference base rules, and nearest-dollar rounding provisions","Cross-references to 6+ other Commonwealth Acts including the Human Rights and Equal Opportunity Commission Act, Workplace Relations Act, and Bankruptcy Act","Complex conditional logic for refunds based on cancellation notice periods and whether formal orders were made","Special fee rates for specific proceedings (human rights applications at $50, workplace relations fees linked to separate regulations)","Nested exceptions within exemption categories (e.g., financial hardship waivers for individuals vs corporations using different criteria)"],"plain_english_summary":"**What this does**\n\nThis law sets out the fees for using the Federal Court of Australia, including how much it costs to file a case, schedule a hearing, and appear in court each day.\n\n**The three types of fees**\n* **Filing fees**: Payable when starting a case, filing appeals, or submitting documents (ranging from $50 to $1,200 depending on the document type and who files it)\n* **Setting down fees**: Payable when the court fixes a date for a hearing ($1,000 for individuals, $2,000 for corporations)\n* **Hearing fees**: Daily charges for court time ($200–$400 per half-day for motions; $400–$800 per day for full hearings after the first day)\n\n**Who pays what**\n* **Corporations pay double**: Companies and financial institutions pay twice the standard fee for most actions\n* **Automatic increases**: Fees automatically rise every two years based on inflation (CPI), calculated using a specific formula with rounding rules\n* **Refunds**: Available if you cancel a hearing with sufficient notice (10 working days generally, or 2 days if the hearing was scheduled at short notice)\n\n**Important exemptions**\nMany people don't have to pay fees at all, including:\n* People with legal aid\n* Holders of concession cards (pensioner, health care, Commonwealth seniors) or other health concession cards\n* Prisoners, children under 18, and students receiving youth allowance or ABSTUDY\n* People (or corporations) experiencing financial hardship, as determined by the Registrar\n* Parties to specific case types (human rights complaints, workplace relations matters, bankruptcy proceedings, criminal cases, and certain tax appeals)\n\n**Review rights**\nIf the Registrar refuses to waive a fee or decides an appeal doesn't qualify for an exemption, you can apply to the Administrative Appeals Tribunal for review."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Regulations as compiled show that their scope broadened from a basic schedule of court fees to encompass: defined fee categories for filing, setting down and hearing days; different rates for corporations; an automatic biennial CPI indexation mechanism; explicit waivers, deferrals and refund rules with Registrar discretion; and an administrative review pathway (see additions and text in regs 2AA, 2AB, 2AC, 2AD, 2B and reg 2(1B)). The Table of Amendments in the compilation records those insertions and amendments (for example additions of regs 2AA, 2AB, 2AC in 1996 and later amendments noted in the Table of Amendments), indicating an expansion of procedural and financial detail beyond an original fee list (see the Schedule and the Table of Amendments in the Notes)."},"complexity_factors":["Multiple fee categories with different triggers and timings (filing fees, setting-down fees, hearing fees) (reg 2, reg 2AA, reg 2A)","Different fee amounts and formulas for corporations versus individuals (reg 2(1B); reg 2AA(1); reg 2A(1); Schedule Note 1)","Numerous exemptions and special cases tied to other statutes and specific classes of proceedings (reg 2(2), reg 2(1BA), reg 2(1C), reg 2(1CA), reg 2(1D))","Administrative discretion for waivers, deferrals and refunds vested in the Registrar with required procedures (reg 2(4), reg 2(5)–(6), reg 2AD(1)–(2))","Biennial automatic indexation using a CPI formula with defined reference periods and rounding rules (reg 2AB, reg 2AC)","Cross-references to the Schedule and to other legislation (Schedule, regs 2(1), 2AA(2)(d)–(e), 2A(2)(d))","Procedural consequences for non-payment including stay or vacatur of hearings (reg 2AA(4), reg 2A(4))","Appeal and review pathway to the Administrative Appeals Tribunal for Registrar decisions, with notice and reasons requirements (reg 2B(1)–(5))","Temporal application rules and transitional provisions scattered in the instrument (reg 3 and the Notes/Table of Amendments)"],"plain_english_summary":"What these Regulations do, mechanically\n\n- These Regulations set out the fees the Federal Court charges for filing documents, setting a matter down for hearing, and for hearing days, and they establish rules about who must pay, when fees can be be waived or deferred, how fees are indexed, and when fees are refunded (see reg 2, regs 2AA–2AD and the Schedule).\n\nWho pays and how the rules work in practice\n\n- The Schedule lists specific fees for particular documents or services (Schedule; reg 2(1)).\n- The person for whom an action is taken normally pays the fee; for mediation the applicant usually pays (reg 2(1A)).\n- Corporations generally pay higher fees for many items: for certain filing items a corporation pays twice the listed fee (reg 2(1B); Schedule Note 1), and the flat rates for setting down and hearing list separate higher amounts when a corporation is liable (reg 2AA(1), reg 2A(1)).\n- A document cannot be filed, and specified services will not be provided, unless the fee has been paid (reg 2(3)). If a setting-down or hearing fee is unpaid, the Court may restrict further steps in the proceeding or vacate the hearing date (reg 2AA(4), reg 2A(4)).\n\nExemptions, waivers, deferrals and refunds (who decides and what discretion exists)\n\n- A range of exemptions exists: no fee is payable for particular classes of proceedings listed in reg 2(2) and for certain appeals in regs 2(2A)–(2B). Specific exemptions also apply to vulnerable or assisted persons (legal aid recipients; holders of certain concession cards; prisoners; children under 18; persons on youth allowance, Austudy or ABSTUDY) (reg 2(4); reg 2AA(2)(f)–(g); reg 2A(2)(e)–(f)).\n- The Registrar has discretion to waive payment because of financial hardship for individuals and corporations (reg 2(4)(c),(d); reg 2AA(2)(h),(i); reg 2A(2)(g),(h)). The Registrar may also defer payment where filing is urgent, but deferred fees must be paid within 30 days or they become a debt due to the Commonwealth (reg 2(5)–(6)).\n- Refunds are available for setting-down and hearing fees if timely notice that the hearing will not proceed is given (reg 2AD(1)); other refund situations are described in reg 2AD(2). The rules set minimum notice periods that depend on how near the hearing date is (reg 2AD(1)(a)).\n\nAutomatic increases and calculation method\n\n- Many fees are automatically increased every two years by reference to the Consumer Price Index (CPI) using a specified formula (reg 2AB; reg 2AC). The regulation defines the CPI number and how increases and rounding are calculated (reg 2AC(1)–(3)).\n\nReview of Registrar decisions\n\n- If the Registrar makes certain decisions about fee exemptions or eligibility (for example under regs 2(2A), 2(4)(c), 2AA(2)(h) or 2A(2)(g)), the person liable must be given notice and may apply to the Administrative Appeals Tribunal for review; where the Registrar refuses a waiver or says an appeal does not meet criteria, the notice must give reasons and advise on AAT review (reg 2B(1)–(5)).\n\nOther mechanics to note\n\n- The setting-down fee can be reduced by the amount paid for court-arranged mediation (reg 2AA(1A)).\n- The Regulations prescribe a higher contract threshold amount of $1,000,000 for a provision in the Act (reg 4).\n- The Schedule sets specific dollar amounts for many items (Schedule). Several items and their treatment (including items set out as subject to CPI increases) are cross-referenced in the regulations (see reg 2(1), reg 2AB, Schedule Notes).\n\nPractical effects, incentives and trade-offs (mechanisms, not judgments)\n\n- Who pays: the direct legal effect is that litigants (or the parties for whom actions are taken) bear court costs in the form of specified fees (reg 2(1A), reg 2(3)). Where a corporation is liable, the rules raise the monetary cost of litigation by specifying higher fees (reg 2(1B); reg 2AA(1); reg 2A(1)).\n- Revenue and recoverability: unpaid deferred fees become a debt due to the Commonwealth (reg 2(6)(b)), which creates a legal channel for the Court/Commonwealth to recover unpaid amounts.\n- Administrative discretion and variability: the Registrar’s power to waive or defer fees (reg 2(4)(c),(d); reg 2(5)) concentrates decision-making discretion in Court administration. That discretion governs who ultimately pays and affects case progression (see reg 2AA(4), reg 2A(4) on consequences of non-payment).\n- Indexation reduces the need for frequent legislative fee adjustments by Parliament (reg 2AB–2AC). Mechanically, this transfers the routine task of keeping fee levels up to inflation onto an automatic CPI formula, which will raise fees for users on a set schedule (reg 2AC(2)–(3)).\n- Compliance costs and timing: the rules require fees to be paid at specified times (for example, hearing fees must be paid not later than certain deadlines in reg 2A(5)); failure to comply can delay or prevent hearings (reg 2AA(4), reg 2A(4)). These timing rules impose administrative and cash-flow requirements on parties and their advisers.\n- Oversight: decisions by the Registrar on fee eligibility or non-waiver are subject to notice requirements and to merits review by the Administrative Appeals Tribunal (reg 2B(1)–(4)), which creates an appeal pathway from administrative exercise of discretion.\n\nConcentrated benefits and diffuse costs, and substitution effects\n\n- The regulations create explicit, predictable charges that centralise collection of fees on the Court/Commonwealth (reg 2(1); reg 2(6)(b)). The costs of those charges are borne by filing parties; in some cases the rules shift higher nominal costs onto corporations (reg 2(1B); Schedule Note 1). The instruments for relief (waiver, deferral, exemptions) are available but exercise administrative discretion (reg 2(4), reg 2(5)).\n\nImplementation and compliance risks\n\n- Effective operation depends on administrative systems to collect payments, track deferred fees and process waivers/refunds within the time limits set (see reg 2(5)–(6); reg 2AD). The automatic CPI increases require access to published CPI numbers and correct formula application (reg 2AC).\n\nPrimary source citations: the summary above refers to the Regulations’ provisions as set out in regs 1A, 2, 2AA–2AD, 2B, 3, 4 and the Schedule (see those sections and the Schedule for itemised fees and detailed rules)."}},"importantCases":[],"_links":{"self":"/api/acts/federal-court-of-australia-regulations-1978","history":"/api/acts/federal-court-of-australia-regulations-1978/history","analysis":"/api/acts/federal-court-of-australia-regulations-1978/analysis","conflicts":"/api/acts/federal-court-of-australia-regulations-1978/conflicts","importantCases":"/api/acts/federal-court-of-australia-regulations-1978/important-cases","documents":"/api/acts/federal-court-of-australia-regulations-1978/documents"}}