Commonwealth Numbered Regulations - Explanatory Statements

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FEDERAL COURT OF AUSTRALIA AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 172

STATUTORY RULES 2001 No. 172

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Federal Court of Australia Act 1976

Federal Court of Australia Amendment Regulations 2001 (No. 1)

Section 60 of the Federal Court of Australia Act 1976 provides for the Governor-General to make regulations prescribing matters, amongst others, necessary or convenient to be prescribed for the carrying out or giving effect to the Act, including prescribing certain fees in respect of proceedings in the Court. Pursuant to this power, the Federal Court of Australia Regulations 1978 ("the Principal Regulations") were made, prescribing certain matters concerning the practice and procedure of the Federal Court of Australia.

The purpose of the Regulations is to amend the Principal Regulations to extend the provision for waiver of fees on the grounds of financial hardship to corporations and to amend the fees payable for taxing a bill of costs.

Under the Principal Regulations fees are imposed under regulation 2 for filing a document or for a service provided by the Court; regulation 2AA for setting down and regulation 2AA for hearing. The fees payable are set out in the Schedule to the Regulations.

Subparagraphs 2(4)(c), 2AA(2)(h) and 2A(2)(g) provide for the Registrar to waive the payment of fees on the grounds of financial hardship, after taking into account the day to day living expenses, liabilities and assets of the person liable to pay the fee. The Regulations will amend these provisions to provide that fees payable by a corporation may also be waived. This will ensure that the waiver provisions apply consistently to individuals and corporations.

Item 12 of the Schedule specifies an ad valorem fee for taxing a bill of costs. The quantum of the fee could be very large where the amount of costs was large. The Regulations amend this item and substitute set fees for taxing a bill of costs. The set fees better reflect the cost of service provided.

Details of the Regulations are set out in the Attachment.

The Regulations commence on gazettal.

Attachment

Federal Court of Australia Regulations Amendment 2001 (No. 1)

Regulation 1 provides the name of the Regulations.

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 to the Regulations amends the Federal Court of Australia Regulations 1978.

Item 1 of Schedule 1 substitutes new paragraphs 2(4)(c) and (d). Paragraph 2(4)(c) empowers the Registrar to waive the payment of fees on the grounds of financial hardship where the person liable to pay the feet is an individual. Paragraph 2(4)(d) empowers the Registrar to waive the payment of the fees on the grounds of financial hardship where the person liable to pay the fee is a corporation. These provisions apply to fees for filing an application or for a service provided by the Court.

Items 2 and 3 of Schedule 1 make corresponding amendments for waiver of fees for setting down and hearing.

Item 4 of Schedule 1 substitutes new items 12 and 12A in the Schedule to the Regulations. These items provide a fee for taxing a bill of costs. Item 12 provides a fee of $500 for a taxation in which the amount claimed is $10,000 or less. Item 12A provides a fee of $1,200 for a taxation in which the amount claimed is more than $10,000. The fee is payable for an appointment being given to tax a bill of costs, this is to ensure that the fee will only be payable if the bill goes to taxation rather than for an assessment or provisional taxation.