This Act has been repealed and is no longer in force. It is retained for historical reference.
Jurisdiction
Commonwealth
Act Number
36 of 1978
Collection
legislative instrument
Plain English Summary
5/10 complexity
What these Regulations do, mechanically
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).
Who pays and how the rules work in practice
The Schedule lists specific fees for particular documents or services (Schedule; reg 2(1)).
The person for whom an action is taken normally pays the fee; for mediation the applicant usually pays (reg 2(1A)).
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)).
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)).
Exemptions, waivers, deferrals and refunds (who decides and what discretion exists)
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)).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
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)).
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)).
Automatic increases and calculation method
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)).
Review of Registrar decisions
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)).
Other mechanics to note
The setting-down fee can be reduced by the amount paid for court-arranged mediation (reg 2AA(1A)).
The Regulations prescribe a higher contract threshold amount of $1,000,000 for a provision in the Act (reg 4).
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).
Practical effects, incentives and trade-offs (mechanisms, not judgments)
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)).
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.
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).
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)).
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.
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.
Concentrated benefits and diffuse costs, and substitution effects
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)).
Implementation and compliance risks
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).
Primary 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).