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 of the Commonwealth, Chapter 4.

cl 23: Am 2024 (253), Sch 1[1].