{"id":"F2018L01090","name":"Federal Proceedings (Costs) Regulations 2018","slug":"federal-proceedings-costs-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97786,"registerId":"commonwealth-F2018L01090-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Federal Proceedings (Costs) Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Federal Proceedings (Costs) Act 1981.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this instrument:\n\n> Act means the Federal Proceedings (Costs) Act 1981.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Prescribed maximum amount","content":"## Part 2—Prescribed maximum amount","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Prescribed maximum amounts in relation to appeals or new trials","content":"#### 6 Prescribed maximum amounts in relation to appeals or new trials\n\n For the purposes of subsection 18(1) of the Act, the prescribed maximum amount in relation to a court specified in column 1 of an item in the following table is the amount specified in column 2 of the item.\n\n```html\n

Prescribed maximum amounts

Item

Column 1

Court

Column 2

Amount

1

High Court

$10,000

2

Federal Court

$6,000

3

Federal Circuit and Family Court of Australia

$4,000

4

Supreme Court of a Territory

$6,000

5

other court of a Territory

$2,000

\n```","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not indicate any change in the substantive scope of the Federal Proceedings (Costs) Act 1981. It implements a numerical prescription: for the purposes of subsection 18(1) of the Act it specifies maximum amounts for listed courts (Regulation 6). No provision in the text alters who is liable for costs, the circumstances in which subsection 18(1) applies, or procedural mechanisms; those remain governed by the Act and other law."},"complexity_factors":["Direct cross-reference to subsection 18(1) of the Federal Proceedings (Costs) Act 1981 (Reg 6) — requires users to consult the Act to see how the caps are applied.","Fixed numeric table mapping specific courts to single dollar amounts (Reg 6) — simple data structure but requires correct court classification.","Limited scope: only prescribes maxima for appeals/new trials; no procedural or liability rules included (Reg 6).","No indexation or adjustment mechanism in the instrument — future changes require amending the regulation (Reg 6).","Clarity of definitions is minimal (the instrument only defines ‘Act’) so interpretation depends on the Act and court practice (Reg 5)."],"plain_english_summary":"What this instrument does (mechanically)\n\n- The Federal Proceedings (Costs) Regulations 2018 gives fixed dollar caps to be used “for the purposes of subsection 18(1) of the Act” in relation to appeals or new trials (Regulation 6). The table in Regulation 6 sets a single maximum amount for each listed court: High Court $10,000; Federal Court $6,000; Federal Circuit and Family Court of Australia $4,000; Supreme Court of a Territory $6,000; other court of a Territory $2,000. The instrument identifies the statute under which it is made (the Federal Proceedings (Costs) Act 1981) (Regulation 3), declares its name (Regulation 1) and defines the term “Act” to mean that statute (Regulation 5).\n\nWho this affects and how it matters (source-grounded)\n\n- The regulation applies where subsection 18(1) of the Act is engaged: it supplies the prescribed maximum amounts to be applied under that subsection (Regulation 6). The instrument itself does not state who pays or how a court or agency must apply the amounts beyond that cross-reference; it only fixes the numeric ceilings to be used “for the purposes of subsection 18(1) of the Act” (Regulation 6).\n\nMechanisms, incentives and trade-offs (linked to the text)\n\n- Ceiling effect (Regulation 6): By specifying maximum amounts for particular courts, the regulation creates a clear upper limit on whatever cost measure subsection 18(1) governs. Mechanically, that reduces the upper-bound of recoverable or payable costs in matters governed by subsection 18(1) compared with an uncapped or higher-cap regime.\n\n- Predictability and update requirement (Regulations 1, 3, 6): Fixed dollar figures improve predictability for users who must plan or budget around subsection 18(1). At the same time, fixed figures require future updates to keep pace with inflation or changed policy; the regulation does not itself provide an indexing mechanism (Regulation 6).\n\n- Implementation and discretion (Regulation 6): The regulation is formulaic — it prescribes amounts rather than allocating discretionary decision‑making to an agency. Any remaining discretion about whether and how subsection 18(1) applies will lie in the Act and decisions under it; the regulation simply supplies the numeric maxima to be used when that subsection applies (Regulation 6).\n\nCompliance burden and who pays (source limits)\n\n- The instrument does not specify who pays costs in any particular case. It only sets the amounts to be used for the purposes of subsection 18(1) of the Act (Regulation 6). Therefore, whether an entity bears a payment obligation, and the process for claiming or paying amounts up to the caps, depends on the Act and other procedural or judicial processes outside the text of this instrument.\n\nConcrete implementation risks and practical effects (from the instrument)\n\n- Narrow scope (Regulation 6): The regulation addresses only the numeric maxima for appeals or new trials as linked to subsection 18(1). It does not change procedural rules, rate-setting methodology, or who is liable; those remain governed by the Act and relevant court practice.\n\n- Classification clarity (Regulation 6): The table distinguishes among several court labels (for example, “Supreme Court of a Territory” and “other court of a Territory”), so correct application requires identifying which label applies to a given proceeding.\n\nWhat the instrument does not do (explicit limits in the text)\n\n- It does not explain the policy rationale, state who will be debited or credited, provide a mechanism for indexation or periodic adjustment, or alter the substantive provisions of the Federal Proceedings (Costs) Act 1981. It only names the instrument (Regulation 1), records the statutory authority (Regulation 3) and defines the statutory reference (Regulation 5).\n\nSource citations: Reg 1 (name); Reg 3 (authority); Reg 5 (definition of Act); Reg 6 (table of prescribed maximum amounts and connection to subsection 18(1) of the Act)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation performs exactly the function indicated by its title and parent Act—setting monetary caps for costs in federal proceedings. It has not expanded beyond this narrow, specific purpose."},"complexity_factors":["Extremely short instrument (only 5 sections)","Single defined term ('Act')","No cross-references beyond one reference to the parent Act","Simple tabular structure with straightforward lookup mechanism","No conditional logic, exceptions, or nested provisions","Operates as a straightforward fee schedule"],"plain_english_summary":"This regulation sets dollar limits on what the government will pay towards legal costs when someone successfully appeals or gets a new trial in certain federal courts.\n\n**What it does:**\n- Under the Federal Proceedings (Costs) Act 1981, if you win an appeal or are granted a new trial in a federal matter, the government may contribute to your legal costs.\n- This regulation caps (limits) how much the government will pay, depending on which court hears your case.\n\n**The dollar limits are:**\n- **High Court:** $10,000\n- **Federal Court:** $6,000\n- **Federal Circuit and Family Court of Australia:** $4,000\n- **Supreme Court of a Territory (e.g., NT, ACT):** $6,000\n- **Other Territory courts:** $2,000\n\n**Who it affects:**\n- People appealing decisions or seeking new trials in federal courts\n- Lawyers handling these matters\n- The Attorney-General's Department (which administers these payments)\n\n**Why it matters:**\nThese caps mean that even if you win your appeal, the government contribution may not cover all your legal fees. You could still be out of pocket for costs above these amounts."}},"importantCases":[],"_links":{"self":"/api/acts/federal-proceedings-costs-regulations-2018","history":"/api/acts/federal-proceedings-costs-regulations-2018/history","analysis":"/api/acts/federal-proceedings-costs-regulations-2018/analysis","conflicts":"/api/acts/federal-proceedings-costs-regulations-2018/conflicts","importantCases":"/api/acts/federal-proceedings-costs-regulations-2018/important-cases","documents":"/api/acts/federal-proceedings-costs-regulations-2018/documents"}}