Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 40.43

Short form bill on migration appeal

             (1)  In this rule:

"migration decision " has the meaning given by section 5(1) of the Migration Act 1958 .

             (2)  If an appeal from a judgment of the Federal Circuit Court of Australia, relating to a migration decision, is discontinued or dismissed, and the respondent obtains or is entitled to an order for costs, the respondent is entitled to:

                     (a)  the costs mentioned in item 15.1(a) of Schedule 3 that applied on the date that the appeal was filed; and

                     (b)  any disbursements properly incurred.

             (3)  A party to an appeal from a judgment of the Federal Circuit Court of Australia relating to a migration decision, may claim as costs and disbursements of the appeal:

                     (a)  if finalised before a final hearing--an amount that, on the date on which the appeal was started, was set out in item 15.1(c) of Schedule 3;

                     (b)  if finalised after a final hearing--an amount that, on the date on which the proceeding was started, was set out in item 15.1(d) of Schedule 3.



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