23Payment of hearing allocation fees

#### 23 Payment of hearing allocation fees 23 Payment of hearing allocation fees > > (1) A hearing allocation fee in relation to proceedings is payable— > > > > > (a) except as provided by paragraph (b), by the applicant or appellant, or > > > > > (b) if the Commission or the Industrial Registrar makes an order as to the payment of the fee—by the parties and in the proportions so ordered. > > > (2) If a person is acting as solicitor or agent for a party to any proceedings, the person and the party are jointly and severally liable for payment of the hearing allocation fee. > > > (3) A hearing allocation fee is not payable in relation to an interlocutory hearing. > > > (4) A hearing allocation fee is payable on the first of the following to occur— > > > > > (a) immediately after a date is allocated for hearing the proceedings, or > > > > > (b) when the Commission or the Industrial Registrar notifies the parties in writing of the Commission’s or Industrial Registrar’s intention to allocate a date for hearing the proceedings. > > > (5) A hearing allocation fee is not payable in relation to the following— > > > > > (a) a hearing for a small claims application under the Act, section 379, > > > > > (b) a hearing for small claims proceedings under the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth, Chapter 4. > > **cl 23:** Am 2024 (253), Sch 1\[1\].