{"id":"F2004B00320","name":"Federal Court of Australia Regulations 2004","slug":"federal-court-of-australia-regulations-2004","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"291 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31353,"registerId":"commonwealth-F2004B00320-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"schedule","heading":"Exemptions applying generally","content":"## 1 Exemptions applying generally\n\n(1) A fee is not payable in relation to any of the following:\n\n(a) an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986 (except the filing fee mentioned in item 2 of Schedule 1);\n\n(b) an application mentioned in column 2 of item 3 of Schedule 1 (except the filing fee mentioned in column 3 of the item);\n\n(ba) an application mentioned in column 2 of item 4 of Schedule 1 (except the filing fee mentioned in column 3 of the item);\n\n(c) an appeal, of a kind that the Court has jurisdiction to hear and determine under subsection 24 (1) of the Act, from the judgment in an application mentioned in paragraph (a) or (b);\n\n(d) an application to set aside a subpoena, if the applicant is not a party to the proceeding in which the subpoena is issued.\n\n(2) In the circumstances set out in subclause (3), a fee is not payable in relation to any of the following:\n\n(a) an appeal under section 14ZZ of the Taxation Administration Act 1953;\n\n(b) an appeal from a decision of the Administrative Appeals Tribunal in its Taxation Appeals Division;\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\n(3) The circumstances are that the Registrar or authorised officer who receives the appeal is satisfied that:\n\n(a) the person lodging the appeal has lodged with the Court another appeal for which the prescribed fee has been paid; and\n\n(b) the same paragraph of subclause (2) describes both appeals; and\n\n(c) the appeal concerns an issue (other than a procedural issue) that is substantially the same as an issue of concern in the other appeal.","sortOrder":0},{"sectionNumber":"2","sectionType":"schedule","heading":"Exemptions applying to filing fees","content":"## 2 Exemptions applying to filing fees\n\nA filing fee is not payable for a document relating to any of the following:\n\n(a) a proceeding in relation to a criminal matter;\n\n(b) a matter remitted to the Court by the High Court under section 44 of the Judiciary Act 1903;\n\n(c) a matter referred to the Court by the High Court under subsection 354 (1) of the Commonwealth Electoral Act 1918;\n\n(d) a case stated, or a question reserved, for the consideration or opinion of the Court;\n\n(e) a reference to the Court of a question of law by a tribunal or body that, under a law of the Commonwealth, may refer questions of law to the Court;\n\n(f) a proceeding in respect of which an international convention to which Australia is party provides that no fee is to be payable;\n\n(g) a referral to the Court, by the Commissioner of Taxation, of an objection decision, within the meaning given by Part IVC of the Taxation Administration Act 1953;\n\n(h) an application to the Court for an extension of time within which a particular proceeding may be commenced.","sortOrder":1},{"sectionNumber":"3","sectionType":"schedule","heading":"Exemptions applying to setting‑down fees","content":"## 3 Exemptions applying to setting‑down fees\n\nA setting‑down fee is not payable in relation to a proceeding or matter 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 of a kind mentioned in paragraph 2 (a), (d), (e), (f), (g) or (h) of this Schedule; or\n\n(e) the matter is of a kind mentioned in paragraph 2 (b) of this Schedule, and either:\n\n(i) it was initiated in the High Court before the commencement of these Regulations; or\n\n(ii) it was remitted by the High Court in its appellate jurisdiction for re‑hearing by the Federal Court; or\n\n(f) the proceeding is an exercise by the Court of original jurisdiction vested in it by the Bankruptcy Act 1966.","sortOrder":2},{"sectionNumber":"4","sectionType":"schedule","heading":"Exemptions applying to hearing fees","content":"## 4 Exemptions applying to hearing fees\n\nA hearing fee is not payable in relation to a proceeding or matter if:\n\n(a) the hearing is cancelled before the fee is paid; or\n\n(b) the sole purpose of the hearing is the delivery of a reserved judgment; or\n\n(c) 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(d) the matter is an application for admission to practice as a barrister, solicitor or barrister and solicitor; or\n\n(e) the proceeding is of a kind mentioned in paragraph 2 (a), (d), (e), (f), (g) or (h) of this Schedule; or\n\n(f) the matter is of a kind mentioned in paragraph 2 (b) of this Schedule, and either:\n\n(i) it was initiated in the High Court before the commencement of these Regulations; or\n\n(ii) it was remitted by the High Court in its appellate jurisdiction for re‑hearing by the Federal Court; or\n\n(g) the proceeding is an exercise by the Court of original jurisdiction vested in it by the Bankruptcy Act 1966; or\n\n(h) the proceeding or matter commenced on or before 31 March 1992.\n\nSchedule 4 Remuneration and allowances\n\n(regulation 15A)\n\n| Item | Matter for which payment is made                                                                                        | Amount payable ($)                     |\n| ---- | ----------------------------------------------------------------------------------------------------------------------- | -------------------------------------- |\n| 1    | Attendance on the first day of the trial:                                                                               |                                        |\n|      | (a) for 4 hours or less                                                                                                 | Half the amount specified in item 2    |\n|      | (b) for more than 4 hours                                                                                               | The amount specified in item 2         |\n| 2    | Attendance on each day for days 2, 3, 4 and 5                                                                           | 95.00                                  |\n| 3    | Attendance on each day for days 6, 7, 8, 9 and 10                                                                       | 105.00                                 |\n| 4    | Attendance on each day after day 10                                                                                     | 116.00                                 |\n| 5    | Attendance on the last day of the trial, if required to serve for more than 8 hours (excluding adjournments for meals): |                                        |\n|      | (a) for an additional period of up to 4 hours                                                                           | Half the amount specified for that day |\n|      | (b) for an additional period of more than 4 hours                                                                       | The amount specified for that day      |\n\nSchedule 5 Remuneration — formula for biennial increase\n\n(regulation 15B)","sortOrder":3},{"sectionNumber":"5","sectionType":"schedule","heading":"Change of reference base","content":"## 5 Change of reference base\n\n    If, at any time before or after the commencement of this Schedule, the Australian Statistician changes the reference base for the Consumer Price Index, then, in applying this Schedule after the change is made, regard may be had only to CPI numbers published in terms of the new reference base.","sortOrder":8}],"analysis":null,"importantCases":[],"_links":{"self":"/api/acts/federal-court-of-australia-regulations-2004","history":"/api/acts/federal-court-of-australia-regulations-2004/history","analysis":"/api/acts/federal-court-of-australia-regulations-2004/analysis","conflicts":"/api/acts/federal-court-of-australia-regulations-2004/conflicts","importantCases":"/api/acts/federal-court-of-australia-regulations-2004/important-cases","documents":"/api/acts/federal-court-of-australia-regulations-2004/documents"}}