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HIGH COURT OF AUSTRALIA (FEES) REGULATIONS 1991 NO. 449
EXPLANATORY STATEMENTStatutory Rules 1991 No. 449
JUDICIARY ACT 1903
HIGH COURT OF AUSTRALIA (FEES) REGULATIONS
Subsection 88(ca) of the Judiciary Act 1903 provides that the Governor-General may make regulations prescribing the fees payable in respect of proceedings in the High Court.
The proposed High Court of Australia (Fees) Regulations provide for the Court to collect fees in relation to the proceedings of the High Court of Australia and provide a revised basis for the waiver of fees. It was announced in the 1991 Budget that new fees would be introduced in the High Court. The fees now payable are not increased by the proposed regulations.
The regulations will replace rules of court which currently establish the level of fees payable in the High Court.
Regulation 1 provides that the regulations may be cited as the High Court of Australia (Fees) Regulations.
Regulation 2 provides that the regulations are to commence on 1 April 1992.
Regulation 3 provides an interpretation of "proceeding" "Registrar" and "the Act" for the purposes of the regulations.
• "proceeding" is defined to include any action, appeal, application cause matter or suit
• "Registrar" is defined to refer to the Registrar and Deputy Registrar of the High Court. It does not include those officers of State and Territory Supreme Courts who exercise some registry functions on behalf of the High Court.
• "the Act" means the Judiciary Act 1903
Regulation 4 provides for the payment of fees for the filing of documents and the provision of services.
Subregulation 4(1) provides that the fees payable for filing a document in the Registry of the High Court, or for obtaining a document or service, are the fees set out in the Schedule.
Subregulation 4(2) provides that if the fee payable has not been paid, a document or service must not be filed or provided, except by leave of the High Court or a Justice.
Subregulation 4(3) provides for the non-payment of a filing fee if the person liable to pay the fee is:
• granted legal aid under a legal aid scheme or service established under the Commonwealth, State or Territory law or approved by the Attorney-General;
• the holder of a pensioner health benefit card, a health benefit card, a pharmaceutical benefits concession card or a health care card;
• an inmate of a prison or is otherwise lawfully detained in a public institution;
• a child under the age of 18 years;
• in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or
• if the Registrar waives payment of the fee because, in his or her opinion, it would cause financial hardship to the person liable to pay the fee. The Registrar is to have regard to the income, assets and liabilities of the applicant in making the decision.
In making a decision to waive payment the Registrar is to have regard to the income, assets and liabilities of the applicant.
Subregulation 4(4) provides that a filing fee is not payable if a Convention to which Australia is a party provides that a fee is not payable for any proceeding.
Regulation 5 concerns the payment of hearing fees.
Subregulation 5(1) provides for the payment of a hearing fee of $500 when a notice of appeal or a writ of summons or petition is filed in the Registry.of the High Court.
Subregulation 5(2) provides that a hearing fee is not payable if:
(a) the hearing is of an interlocutory nature only; or
(b) the person liable to pay the fee is:
• granted legal aid under a legal aid scheme or service established under the Commonwealth, State or Territory law or approved by the Attorney-General;
• the holder of a pensioner health benefit card, a health benefit card, a pharmaceutical benefits concession card or a health care card;
• an inmate of a prison or is otherwise lawfully detained in a public institution;
• a child under the age of 18 years;
• in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or
• if the Registrar waives payment of the fee because, in his or her opinion, it would cause financial hardship to the person liable to pay the fee. The Registrar is to have regard to the income, assets and liabilities of the applicant in making the decision.
Subregulation 5(3) provides that the person liable to pay a hearing fee is the person initiating the proceeding for which the fee is payable or, if the High Court, a Justice or the Registrar so orders:
(a) another party to the proceeding; or
(b) 2 or more of the parties to the proceeding, including the person initiating the proceeding, in the proportions ordered by the High Court, a Justice or the Registrar.
Subregulation 5(4) provides that, on the application of a party to the proceedings and if the hearing fee is not paid, the High Court or a Justice may order that no proceeding, or no proceeding other than a specified proceeding, is to occur except by leave. A person other than the person liable to pay the fee may pay the fee without affecting the power of the High Court or a Justice to make an order for costs for the fee. Additionally, the Court may vacate the date fixed for hearing if the hearing fee is unpaid.
Subregulation 5(5) provides that a person who has paid a hearing fee is entitled to a refund of the fee if:
(a) the Registrar has been notified, not less than 10 working days before the date fixed for hearing, that the hearing will not proceed and it does not proceed; or
(b) the fee was not payable.
Subregulation 6(1) provides for review by the Administrative Appeals Tribunal of a decision by the Registrar or a Deputy Registrar, under paragraph 4(3)(c) or 5(2)(d), not to waive fees on the ground of financial hardship.
Subregulation 6(2) requires the Registrar or a Deputy Registrar to provide reasons for refusing an application for waiver of fees. It provides that if a Registrar makes a decision under paragraph 4(3)(c) or 5(2)(d), a notice must be given to the person liable to pay the fee:
(a) containing the terms of the decision; and
(b) giving written reasons for the decision; and
(c) containing a statement to the effect that subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision.
Subregulation 6(3) provides that a notice under subregulation 6(2) must be given within 28 days of the date of the decision and new subregulation 6(4) provides that a failure to include in a notice under subregulation 6(2) a statement of the kind mentioned in paragraph (2)(c) does not affect the validity of the decision.
Regulation 7 is an application provision. It provides that the regulations only apply to proceedings commenced after 1 April 1992.
A Schedule to these regulations sets out the fees payable for filing a document in the Registry of the High Court, or for obtaining a document or a service of a kind set out in the Schedule.
Authorised by the Attorney-General