{"id":"F2000B00110","name":"Federal Magistrates Regulations 2000","slug":"federal-magistrates-regulations-2000","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"102 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30868,"registerId":"commonwealth-F2000B00110-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Federal Magistrates Regulations 2000","content":"![](image.001.png)\n\nFederal Magistrates Regulations 2000\n\nStatutory Rules 2000 No. 102 as amended\n\nmade under the\n\nFederal Magistrates Act 1999\n\nThis compilation was prepared on 12 May 2012 \ntaking into account amendments up to SLI 2012 No. 62\n\nThe text of any of those amendments not in force \non that date is appended in the Notes section\n\nPrepared by the Office of Legislative Drafting and Publishing, \nAttorney‑General’s Department, Canberra\n\nContents\n\nPart 1 Preliminary\n\n1 Name of Regulations \\[see Note 1\\]\n\n2 Commencement\n\n3 Definitions\n\nPart 2 Imposition, payment, exemption from, waiver, deferral and refund of fees\n\n4 Fees\n\n5 When payment due\n\n6 Persons liable to pay fees\n\n7 Circumstances in which fee not payable\n\n8A Exemptions from payment of filing fees\n\n8B Exemptions from payment of setting down fees\n\n8C Exemptions from payment of hearing fees\n\n8D Reduction of fees — general\n\n9 Reduction of fees — hardship\n\n9A Change in circumstances\n\n10 Deferral of fees\n\n10A Payment on invoice\n\n11 Consequence of non‑payment of fee\n\n12 Refund of fees\n\n13 Review by Administrative Appeals Tribunal\n\nPart 3 Indexation of fees\n\n14 Biennial increases in fees\n\n15 Working out of increase\n\nPart 4 Miscellaneous\n\n16 Modification of Legislative Instruments Act 2003 in its application to the Federal Magistrates Court\n\nSchedule 1 Fees\n\nSchedule 2 Modification of Legislative Instruments Act 2003 in its application to the Federal Magistrates Court\n\nNotes\n\nPart 1 Preliminary\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Federal Magistrates Regulations 2000.\n\n2 Commencement\n\nThese Regulations commence on 22 June 2000.\n\n3 Definitions\n\nIn these Regulations:\n\n> Act means the Federal Magistrates Act 1999.\n\n> applicant means a person who starts the proceedings in relation to which the expression is used.\n\n> authorised officer means:\n\n(a) an officer of the Federal Magistrates Court authorised by the Chief Executive Officer; or\n\n(b) an officer of another Court performing functions under an arrangement made under section 90 of the Act; or\n\n(c) an officer of another agency or organisation performing functions under an arrangement made under section 91 of the Act.\n\n> corporation means a corporation within the meaning given by section 57A of the Corporations Act 2001.\n\n> enforcement fee means a fee mentioned in item 15 or 16 of Schedule 1.\n\n> family law matter means a matter arising out of the Family Law Act 1975.\n\n> financial matter has the same meaning as in the Family Law Act 1975.\n\n> full fee means a fee that has not been reduced or waived.\n\n> general law matter means any matter other than a family law matter.\n\n> hearing fee means a fee mentioned in item 10 or 11 of Schedule 1.\n\n> mediation fee means a fee mentioned in item 14 of Schedule 1.\n\n> reduced fee, for a matter, means:\n\n(a) if the matter is a family law matter — the fee mentioned in item 21 of Schedule 1; or\n\n(b) if the matter is a general law matter — the fee mentioned in item 22 of Schedule 1.\n\n> setting down fee means a fee mentioned in item 8 of Schedule 1.\n\n> working day, for a hearing, means a day that is not:\n\n(a) a Saturday or Sunday; or\n\n(b) a public holiday in the place where the hearing is to take place.\n\nPart 2 Imposition, payment, exemption from, waiver, deferral and refund of fees\n\n4 Fees\n\nSchedule 1 sets out the fees payable, subject to these Regulations, for the filing of a document or an action of:\n\n(a) the Federal Magistrates Court; or\n\n(b) an officer of the Federal Magistrates Court; or\n\n(c) another person acting on behalf of the Federal Magistrates Court.\n\n> Note Fees are subject to increase under regulation 14.\n\n5 When payment due\n\n(1A) This regulation is subject to regulation 10A.\n\n(1) A fee for filing an application or other document must be paid when the document is filed.\n\n(2) A setting down fee must be paid within the earlier of:\n\n(a) 3 months after the applicant is informed, either orally or in writing, of the date fixed for hearing of the proceedings; and\n\n(b) 14 days before the hearing date.\n\n(2A) A hearing fee for a proceeding must be paid:\n\n(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\n\n(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\n\n(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.\n\n(3) A mediation fee must be paid before the mediation begins.\n\n(4) An enforcement fee must be paid within the time specified by an officer of the Federal Magistrates Court for payment of the fee.\n\n> Note Fees can be deferred under regulation 10.\n\n6 Persons liable to pay fees\n\n(1) The person liable to pay a fee for filing a document is the person on whose behalf the document is filed.\n\n(2) The person liable to pay a mediation fee is the applicant.\n\n(3) The person liable to pay a fee for an action not mentioned in this regulation is the person for whom the action is taken.\n\n(4) However, the Federal Magistrates Court, a Federal Magistrate or a Registrar may order that another party to the proceedings to which the fee applies is liable to pay the fee or part of the fee.\n\n7 Circumstances in which fee not payable\n\n(1) A fee is not payable for an action if the fee has been paid by a person other than the person liable to pay the fee.\n\n(2) A fee is not payable for the following proceedings:\n\n(a) an application for a divorce order in relation to a marriage that was previously dissolved or annulled under the Family Law Act 1975 or the Matrimonial Causes Act 1959;\n\n(b) an application for an extension of the time within which a proceeding may be commenced;\n\n(c) a proceeding for which a Convention to which Australia is a party provides that a fee is not payable;\n\n(d) a proceeding under the Family Law Act 1975 about any of the following:\n\n(i) rescission of a divorce order;\n\n(ii) a parenting plan;\n\n(iii) child maintenance;\n\n(iv) a recovery order within the meaning of section 67Q of that Act;\n\n(v) a custody order, residence order, or an order that a child lives with a person, made by an overseas court;\n\n(vi) a custody order, residence order, or an order that a child lives with a person, made by a court in Australia and enforceable overseas;\n\n(vii) a maintenance order made by an overseas court;\n\n(viii) a maintenance order made by a court in Australia that is enforceable overseas;\n\n(ix) spousal maintenance;\n\n(x) leave, under section 102A of that Act, for a child to be examined;\n\n(xi) an application for enforcement of an order;\n\n(xii) contravention of an order;\n\n(xiii) contempt of court;\n\n(xiv) an application for an injunction under section 114 of that Act;\n\n(xv) costs;\n\n(xvi) an interlocutory, interim or procedural matter;\n\n(e) a proceeding under the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988;\n\n(f) a proceeding under the Family Law (Child Abduction Convention) Regulations 1986;\n\n(g) an application mentioned in column 2 of item 18 of Schedule 1 (except the filing fee mentioned in column 3 of the item);\n\n(h) an application mentioned in column 2 of item 19 of Schedule 1 (except the filing fee mentioned in column 3 of the item).\n\n8A Exemptions from payment of filing fees\n\nA fee is not payable for filing a document in a proceeding relating to a matter if:\n\n(a) the matter:\n\n(i) was remitted by the High Court to the Federal Court under section 44 of the Judiciary Act 1903; and\n\n(ii) was subsequently transferred by the Federal Court to the Federal Magistrates Court under section 32AB of the Federal Court of Australia Act 1976; or\n\n(b) the matter was remitted by the High Court to the Federal Magistrates Court under section 44 of the Judiciary Act 1903.\n\n8B Exemptions from payment of setting down fees\n\nA setting down fee is not payable in a proceeding relating to a matter if:\n\n(a) the matter:\n\n(i) was 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\n\n(ii) was subsequently transferred by the Federal Court to the Federal Magistrates Court under section 32AB of the Federal Court of Australia Act 1976; or\n\n(b) the matter was 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.\n\n8C Exemptions from payment of hearing fees\n\nA hearing fee is not payable in a proceeding relating to a matter if the matter was:\n\n(a) both:\n\n(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\n\n(ii) subsequently transferred by the Federal Court to the Federal Magistrates Court under section 32AB of the Federal Court of Australia Act 1976; or\n\n(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.\n\n8D Reduction of fees — general\n\n(1) This regulation applies to a person if:\n\n(a) the person 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 proceeding; or\n\n(b) the person is:\n\n(i) the holder of any of the following cards issued by the Department of Families, Housing, Community Services and Indigenous Affairs:\n\n(A) a health care card;\n\n(B) a pensioner concession card;\n\n(C) a Commonwealth seniors health card; or\n\n(ii) the holder of any other card issued by the Department of Families, Housing, Community Services and Indigenous Affairs, or the Department of Veterans’ Affairs, that certifies the holder’s entitlement to Commonwealth health concessions; or\n\n(iii) serving a sentence of imprisonment, or otherwise lawfully detained in a public institution; or\n\n(iv) aged less than 18 years; or\n\n(v) receiving youth allowance or Austudy payment, within the meaning of the Social Security Act 1991; or\n\n(vi) receiving benefit under ABSTUDY, within the meaning of the Social Security Act 1991.\n\n(2) In paragraph (1) (c), holder, of a card, does not include a dependant of the holder.\n\n(3) The reduced fee is payable, instead of a full fee, on the first occasion the full fee would otherwise be payable by the person in a proceeding.\n\n(4) However, if the full fee for the proceeding mentioned in subregulation (3) is less than the reduced fee, the full fee is payable by the person.\n\n(5) If a fee mentioned in subregulation (3) or (4) is paid by the person in a proceeding, or if a fee is waived under subregulation (6), no other fees mentioned in Schedule 1 are payable by the person in connection with the proceeding.\n\n(6) A Registrar or an authorised officer may waive payment of a fee, payable by a person in a proceeding related to a proceeding mentioned in subregulation (3), if the Registrar or authorised officer considers that the proceedings are closely connected and that the waiver of the fee is appropriate.\n\n> Note If the Registrar or authorised officer decides not to waive the fee in the related proceeding, the fee is payable by the person in accordance with subregulations (3), (4) and (5).\n\n(7) In considering whether to waive payment of a fee in the related proceeding, a Registrar or authorised officer must take into account the following factors:\n\n(a) whether the dispute is between the same parties;\n\n(b) whether the dispute arises from the same circumstances;\n\n(c) the length of time since the first proceeding was commenced;\n\n(d) whether the manner in which the proceedings have been brought is an efficient use of the court’s resources;\n\n(e) whether the litigation would be in the public interest;\n\n(f) the capacity of the person to pay the fee.\n\n> Note Regulation 13 provides for the review of a decision of a Registrar or an authorised officer.\n\n9 Reduction of fees — hardship\n\n(1) If a Registrar or an authorised officer, having regard to the income, day-to-day living expenses, liabilities and assets of a person liable to pay a fee mentioned in Schedule 1, considers that payment of the fee would cause financial hardship to the person, the Registrar or authorised officer may:\n\n(a) if the fee is less than the reduced fee — impose the fee on each occasion the fee is payable; and\n\n(b) in any other case — impose the reduced fee on each occasion the fee is payable instead of the fee for which the person would otherwise be liable.\n\n(2) However, if subregulation (1) applies, the reduced fee is payable only once for setting down, and no fee is payable for a hearing, regardless of the number of hearing days.\n\n> Note Regulation 13 provides for the review of a decision of a Registrar or an authorised officer.\n\n9A Change in circumstances\n\n(1) Subregulation 8D (5) applies to a person as if the person had paid a fee under subregulation 8D (3) or (4) if:\n\n(a) the person pays a full fee, or a reduced fee under regulation 9, in a proceeding; and\n\n(b) after the fee has been paid, the person becomes eligible under subregulation 8D (1) to pay the reduced fee.\n\n(2) However, if a person’s circumstances change so that subregulation 8D (1) no longer applies to the person, the person is liable to pay all fees that become payable after the change in circumstances.\n\n10 Deferral of fees\n\n(1) A Registrar or an authorised officer may, in accordance with subregulation (3), defer payment of all or part of the following fees:\n\n(a) a filing fee, setting-down fee or hearing fee;\n\n(b) the fee for the provision of a service mentioned in item 14 of Schedule 1;\n\n(c) the reduced fee.\n\n(2) Deferral of payment of a fee is subject to any conditions determined by the Registrar or authorised officer.\n\n(3) Payment of a fee may be deferred if:\n\n(a) in the opinion of the Registrar or authorised officer:\n\n(i) for a filing fee — the need to file the document is so urgent that it overrides the requirement to pay the filing fee at the time of filing; or\n\n(ii) it would, having regard to the financial circumstances of the person liable to pay the fee, be oppressive or otherwise unreasonable to require payment in accordance with regulation 5; or\n\n(b) for a setting-down fee — the date of the hearing is more than 6 months after the day on which the proceeding is set down for hearing; or\n\n(c) the person liable to pay the fee is represented by a practitioner who is acting pro bono.\n\n(4) A fee for which payment is deferred must be paid within:\n\n(a) 30 days after the deferral; or\n\n(b) another period determined in writing by the Registrar or authorised officer.\n\n> Note Regulation 13 provides for the review of a decision of a Registrar or an authorised officer.\n\n10A Payment on invoice\n\n(1) Regulation 5 does not apply to a person liable to pay a fee who, when the fee mentioned in subregulation 5 (1), (2), (2A), (3) or (4) must be paid is:\n\n(a) an approved user of court services; or\n\n(b) represented by a legal practitioner who is an approved user of court services.\n\n(2) If a person liable to pay a fee has not paid that fee, the Court may invoice for that fee:\n\n(a) if paragraph (1) (a) applies — the person; or\n\n(b) if paragraph (1) (b) applies:\n\n(i) the person; or\n\n(ii) the legal practitioner mentioned in that paragraph.\n\n(3) An approved user must pay the invoiced fees within 30 days after receiving the invoice.\n\n(4) Subregulation (1) ceases to apply to a person mentioned in paragraph (2) (a) or (b) at the end of the period mentioned in subregulation (3) if the invoiced fees are unpaid.\n\n(5) In this regulation:\n\n> approved means approved by the Registrar.\n\n(6) In deciding whether to approve a user for this regulation, the Registrar may have regard to the following matters:\n\n(a) the user’s financial history with the Court, including frequency of dealings and whether fees have been paid;\n\n(b) whether the user provides a guarantee;\n\n(c) whether the user is, or is likely to be, a regular user of court services;\n\n(d) the financial circumstances of the user;\n\n(e) any other matter the Registrar considers relevant.\n\n(7) An approval may be made subject to conditions stated in the approval.\n\n11 Consequence of non‑payment of fee\n\n(1A) Subregulations (1B), (1C) and (2) are subject to regulation 10A.\n\n(1B) Subject to regulation 10 and subregulation (1C), if a fee in relation to the filing of a document, or the provision of a service, is unpaid, the document must not be filed or the service provided.\n\n(1C) The Federal Magistrates Court, a Federal Magistrate or a Registrar may allow the filing of a document or the provision of a service even if the fee is unpaid.\n\n(2) If a setting down fee or hearing fee is not paid when due and is not waived:\n\n(a) the Federal Magistrates Court, a Federal Magistrate or a Registrar may order that no proceedings other than specified proceedings, are to take place, except by leave, in the matter to which the application relates; and\n\n(b) the Federal Magistrates Court, a Federal Magistrate or a Registrar may vacate the date fixed for hearing; and\n\n(c) a person other than the person liable to pay the fee may pay the fee without affecting any power of the Federal Magistrates Court, a Federal Magistrate or a Registrar to make an order for costs for the fee.\n\n> Note 1 For when a setting down fee must be paid, see subregulation 5 (2).\n\n> Note 2 For when a hearing fee must be paid, see subregulation 5 (2A).\n\n(3) If a fee remains unpaid after the time mentioned in regulation 5 or the end of a period mentioned in subregulation 10 (2) or 10A (3), the unpaid fee is recoverable by the Commonwealth as a debt due to the Commonwealth.\n\n12 Refund of fees\n\n(1) A person who has paid a setting down fee is entitled to a refund of the fee if:\n\n(a) notice that the hearing of the application for which the fee was paid will not go ahead is given to a 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 go ahead.\n\n(2) A person who has paid a setting down fee is entitled to a refund of the fee if, despite notice being given to a Registrar under paragraph (1) (a), a hearing is conducted for the purpose of making formal orders.\n\n(2A) A person who has paid a hearing fee for the whole or part of a hearing is entitled to a refund of:\n\n(a) if the hearing is conducted only to formalise the making of final orders — the hearing fee; or\n\n(b) if the hearing does not proceed on a particular hearing day — the hearing fee for that day.\n\n(3) A person who has paid a mediation fee is entitled to a refund of the fee if the mediation does not happen and the Federal Magistrates Court, a Federal Magistrate or a Registrar orders a refund of the fee.\n\n(4) A person who has paid a fee is entitled to a refund of the fee if the fee was not payable because of regulation 7.\n\n(5) A person is entitled to a refund of the whole or part of a fee (the refund amount) if the person had paid more than the person is required to pay for the fee under these Regulations.\n\n(6) The refund amount is the difference between the fee paid by the person and the amount the person is required to pay for the fee.\n\n13 Review by Administrative Appeals Tribunal\n\n(1) A Registrar or an authorised officer who makes a decision under subregulation 8D (6), 9 (1) or 10 (1) must give a notice of the decision 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 the decision.\n\n(3) If the decision is 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) The notice must be given within 28 days of the date of the decision.\n\n(5) Failure to comply with paragraph (3) (b) does not affect the validity of the decision.\n\nPart 3 Indexation of fees\n\n14 Biennial increases in fees\n\nThe amount of each fee mentioned in Schedule 1 (other than the fees mentioned in items 2, 15, 18, 19, 21 and 22) is increased in accordance with regulation 15 on each biennial anniversary of 1 July 2010.\n\n15 Working out of increase\n\n(1) In this regulation:\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> fee means a fee mentioned in Schedule 1 (other than a fee mentioned in item 2, 15, 18, 19, 21 and 22).\n\n> relevant period means any of the following periods:\n\n(a) the 2‑year period starting on 1 July 2010;\n\n(b) each 2‑year period starting on a biennial anniversary of 1 July 2010.\n\n(2) If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is increased, 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 start of the relevant period.\n\n> fee is the fee in force at the end of the relevant period.\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 the amount of a fee increased under subregulation (2) is 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 the Australian Statistician publishes for a particular March quarter a CPI number in substitution for a CPI number previously published by the Australian Statistician for that quarter, the publication of the later CPI number is disregarded for this regulation.\n\n(5) If the Australian Statistician changes the reference base for the Consumer Price Index, then, for the application of this regulation after the change is made, regard must be had only to numbers published in terms of the new reference base.\n\nPart 4 Miscellaneous\n\n16 Modification of Legislative Instruments Act 2003 in its application to the Federal Magistrates Court\n\nFor subsection 120 (4) of the Act, the application of the Legislative Instruments Act 2003 to the Federal Magistrates Court is subject to the modifications set out in Schedule 2.\n\nSchedule 1 Fees\n\n(regulation 4)\n\n```html\n

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 or part of a 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 or part of a 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

$243

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

21

Reduced fee — family law matter

$60

22

Reduced fee — general law matter

$100

\n```\n\n> Note The fees mentioned in this Schedule (other than the fees mentioned in items 2, 15, 18, 19, 21 and 22) are subject to biennial increase under regulation 14.\n\nSchedule 2 Modification of Legislative Instruments Act 2003 in its application to the Federal Magistrates Court\n\n(regulation 16)\n\n\\[f1\\] Paragraph 14 (1) (a)\n\nomit\n\nAct, or of any disallowable legislative instrument,\n\ninsert\n\nAct, any disallowable legislative instrument or any rules of court,\n\n> Notes to the Federal Magistrates Regulations 2000\n\n> Note 1\n\n> Note: The Federal Magistrates Regulations 2000 (in force under the Federal Magistrates Act 1999) as shown in this compilation comprise Statutory Rules 2000 No. 102 amended as indicated in the Tables below.\n\n> Note: For all relevant information pertaining to application, saving or transitional provisions see Table A.\n\n> Note: > Note: Table of Instruments\n\n| Year andnumber | Date of notificationin Gazette or FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | --------------------------------------------------- | ---------------------------------------------------------- | --------------------------------------------- |\n| 2000 No. 102 | 15 June 2000 | 22 June 2000 | |\n| 2000 No. 245 | 5 Sept 2000 | 5 Sept 2000 | — |\n| 2000 No. 255 | 15 Sept 2000 | 15 Sept 2000 | — |\n| 2004 No. 292 | 7 Sept 2004 | 1 Nov 2004 | — |\n| 2004 No. 320 | 25 Nov 2004 | 25 Nov 2004 | — |\n| 2005 No. 109 | 8 June 2005 (see F2005L01395) | 1 July 2005 | — |\n| 2006 No. 50 | 17 Mar 2006 (see F2006L00820) | 27 Mar 2006 (see r. 2) | — |\n| 2006 No. 81 | 27 Apr 2006 (see F2006L01214) | 4 May 2006 (see r. 2) | — |\n| 2006 No. 129 | 15 June 2006 (see F2006L01763) | 1 July 2006 | — |\n| 2006 No. 235 | 7 Sept 2006 (see F2006L02967) | 1 Oct 2006 | — |\n| 2007 No. 294 | 27 Sept 2007 (see F2007L03679) | Rr. 1–3 and Schedule 1: 28 Sept 2007Remainder: 15 Oct 2007 | — |\n| 2009 No. 129 | 25 June 2009 (see F2009L02475) | 1 July 2009 | — |\n| 2009 No. 185 | 3 Aug 2009 (see F2009L02973) | 5 Aug 2009 (see r.2) | — |\n| 2009 No. 190 | 3 Aug 2009 (see F2009L02976) | 1 July 2009 | — |\n| 2010 No. 167 | 30 June 2010 (see F2010L01843) | 1 July 2010 | — |\n| 2010 No. 244 | 15 Oct 2010 (see F2010L02721) | 1 Nov 2010 | R. 4 |\n| 2011 No. 38 | 24 Mar 2011 (see F2011L00478) | 25 Mar 2011 | — |\n| 2012 No. 10 | 24 Feb 2012 (see F2012L00405) | (see s. 2 and Note 2) | — |\n| 2012 No. 62 | 11 May 2012 (see F2012L01027) | 12 May 2012 | — |\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

Part 1

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

am. 2000 No. 255; 2004 No. 320; 2010 Nos. 167 and 244

Part 2

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

am. 2000 No. 255

R. 5....................

am. 2007 No. 294; 2010 Nos. 167 and 244

R. 6....................

am. 2000 No. 255

R. 7....................

am. 2000 No. 255; 2006 Nos. 50 and 129; 2009 No. 190; 2010 Nos. 167 and 244

Note to r. 7 (3)............

rep. 2010 No. 244

R. 8....................

am. 2004 No. 320

rep. 2010 No. 244

R. 8A...................

ad. 2004 No. 320

R. 8B...................

ad. 2004 No. 320

R. 8C...................

ad. 2010 No. 167

R. 8D...................

ad. 2010 No. 244

R. 9....................

rs. 2010 No. 244

R. 9A...................

ad. 2010 No. 244

R. 10...................

rs. 2010 No. 244

am. 2011 No. 38

R. 10A..................

ad. 2007 No. 294

am. 2010 No. 244

R. 11...................

am. 2000 No. 255; 2007 No. 294; 2010 Nos. 167 and 244

Note to r. 11 (2)...........

rep. 2010 No. 167

Note 1 to r. 11 (2)..........

ad. 2010 No. 167

Note 2 to r. 11 (2)..........

ad. 2010 No. 167

R. 12...................

am. 2010 Nos. 167 and 244

R. 13...................

am. 2010 No. 244

Part 3

R. 14...................

rs. 2004 No. 320

am. 2006 No. 50; 2007 No. 294; 2009 No. 190

rs. 2010 Nos. 167 and 244

R. 15...................

am. 2004 No. 320; 2006 No. 50; 2007 No. 294; 2010 Nos. 167 and 244

Part 4

Part 4...................

ad. 2012 No. 62

R. 16...................

ad. 2012 No. 62

Schedule

Heading to Schedule 1......

rs. 2000 No. 255

Schedule 1...............

am. 2000 Nos. 245 and 255; 2004 Nos. 292 and 320; 2005 No. 109; 2006 Nos. 50, 81 and 129

rs. 2006 No. 235

am. 2007 No. 294; 2009 Nos. 129 and 185; 2010 Nos. 167 and 244

Note to Schedule 1.........

rs. 2004 No. 320

am. 2006 No. 50; 2009 No. 190

rep. 2010 No. 167

ad. 2010 No. 244

Schedule 2

Schedule 2...............

ad. 2012 No. 62

\n```\n\n> Note 2\n\nTrans-Tasman Proceedings Legislation Amendment Regulation 2012 (No. 1) (2012 No. 10)\n\nThe following amendment commences on the commencement of sections 3 to 110 of the Trans-Tasman Proceedings Act 2010:\n\nSchedule 3\n\n\\[1\\] Schedule 1, after item 20\n\ninsert\n\n| 20A | Filing of an application to register a New Zealand judgement under the Trans‑Tasman Proceedings Act 2010 | $95 |\n| --- | -------------------------------------------------------------------------------------------------------- | --- |\n\nAs at 12 May 2012 the amendment is not incorporated in this compilation.\n\n> Note: Table A\n\n Application, saving or transitional provisions\n\nSelect Legislative Instrument 2010 No. 244\n\n4 Transitional\n\nRegulation 8 of the Federal Magistrates Regulations 2000, as in force on 31 October 2010, continues to apply to proceedings commenced before 1 November 2010.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2624},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations remain focused on their original purpose of establishing the Federal Magistrates Court fee structure and payment administration. While amendments between 2000 and 2012 expanded the categories of exempt persons (particularly for vulnerable groups) and added fees for new jurisdictions such as Fair Work matters, the scope has not expanded beyond court cost management."},"complexity_factors":["22 distinct fee items in Schedule 1 with differential pricing based on entity type (corporation vs individual) and matter type (family law vs general law)","Nested exemption framework spanning regulations 7, 8A, 8B, 8C, and 8D with overlapping conditions (legal aid, concession cards, age, imprisonment, international conventions)","Hardship assessment requiring evaluation of income, day-to-day living expenses, liabilities and assets (regulation 9)","CPI indexation formula with specific mathematical rounding rules and reference base provisions (regulation 15)","Cross-references to at least 10 other Commonwealth Acts including Family Law Act 1975, Bankruptcy Act 1966, Fair Work Act 2009, Corporations Act 2001, and Social Security Act 1991","Complex conditional timing requirements for payments (e.g., 'not later than 2 working days before' vs '9:30 am on the later hearing day')","Administrative Appeals Tribunal review rights for discretionary decisions by Registrars"],"plain_english_summary":"These regulations set the price list for using the Federal Magistrates Court — filing, hearing and related service fees for family, bankruptcy, migration and civil matters — and apply to litigants, lawyers and regular users. They include reduced or waived fees for low‑income people, concessions for certain urgent family and international cases, options to defer or invoice fees, and automatic biennial CPI increases. Nonpayment can lead to rejected filings, vacated hearings and recovery of debts; waiver decisions are reviewable."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulations’ scope has been expanded since original commencement: later amendments added and clarified exemptions and reduced‑fee categories (regs 8A–8C, 8D, 9, 9A), introduced approved‑user invoicing and approval conditions (reg 10A), incorporated Fair Work Act items and small‑claims fees into Schedule 1 (items 18–20), and implemented biennial CPI indexation (regs 14–15). Schedule 2 (reg 16) modifies the application of the Legislative Instruments Act. These additions (see Notes and Table of Amendments) broaden who and what proceedings are charged and how fees change over time."},"complexity_factors":["Large, detailed fee schedule with multiple fee types and differing rates for corporations and individuals (reg 4; Schedule 1).","Numerous timing rules and exceptions for payment (reg 5, reg 10A) including special rules for short‑notice hearings (reg 5(2A)).","Multiple exemption and reduction pathways with eligibility conditions (regs 7, 8A–8C, 8D, 9, 9A) creating conditional relief and one‑time/ongoing treatment differences.","Significant administrative discretion vested in Registrars or authorised officers to waive, defer or approve invoicing, with stated review rights to the AAT (regs 8D(6), 9, 10, 10A, 13).","Indexation mechanism tied to CPI on a biennial basis with formula, rounding rules and treatment of statistical base changes (regs 14–15).","Cross‑references to multiple other Acts and instruments (Family Law Act 1975, Fair Work Act 2009, Judiciary Act 1903, Corporations Act 2001) complicating scope and applicability (defs and Schedule 1 items 2, 18–20).","Procedural consequences for non‑payment (reg 11) including potential stay/vacation of hearings and debt recovery by the Commonwealth.","Amendment and transitional history recorded in notes, indicating evolving scope and phased application (Notes, Table of Instruments and Amendments)."],"plain_english_summary":"These Regulations set the Federal Magistrates Court’s fees (Schedule 1) and the rules about when fees are payable, who must pay them, exemptions, waivers, deferrals, refunds and biennial CPI‑linked increases (regs 4–15). They affect applicants, respondents, corporations, practitioners and court officers by fixing payment obligations and creating administrative discretion to reduce, defer or waive fees (regs 6, 8D, 9, 10, 10A). The instrument states its purpose as allocating court costs and providing hardship relief; mechanically, it transfers payment risk to litigants while giving registrars conditional discretion to alter that burden."}},"importantCases":[],"_links":{"self":"/api/acts/federal-magistrates-regulations-2000","history":"/api/acts/federal-magistrates-regulations-2000/history","analysis":"/api/acts/federal-magistrates-regulations-2000/analysis","conflicts":"/api/acts/federal-magistrates-regulations-2000/conflicts","importantCases":"/api/acts/federal-magistrates-regulations-2000/important-cases","documents":"/api/acts/federal-magistrates-regulations-2000/documents"}}