Commonwealth Numbered Regulations - Explanatory Statements

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HIGH COURT OF AUSTRALIA (FEES) REGULATIONS (AMENDMENT) 1992 NO. 80

Statutory Rules 1992 No. 80

Issued by Authority of the Attorney-General

Judiciary Act 1903

High Court of Australia (Fees) Regulations (Amendment)

Subsection 88(ca) of the Judiciary Act 1903 provides that the GovernorGeneral may make regulations prescribing the fees payable in respect of proceedings in the High Court of Australia.

The High Court of Australia (Fees) Regulations (the Fees Regulations) were made on 12 December 1991. They provided for the Court to collect a range of fees, including a hearing fee, in relation to the proceedings of the High Court of Australia and to provide a revised basis for the waiver of fees.

Regulation 1 provides that the Regulations will commence on 1 April 1992, which is the date on which the High Court of Australia (Fees) Regulations are also to commence.

Regulation 2 provides that the Regulations amend the High Court of Australia (Fees) Regulations.

Regulation 3 substitutes an amended regulation 4, which will now provide that the waiver provisions in subregulation 4(4) apply only to a fee payable for filing, issuing or sealing a document or obtaining a document or services set out in column 2 of Schedule 1. The effect of this amendment is that fees payable for inspecting or searching the High Court's records, obtaining photocopies of documents or obtaining copies of judgments of the High Court are not subject to the waiver provisions of subregulation 4(4).

Such fees are not payable by a party to proceedings in relation to documents relevant to those proceedings. Regulation 4 now also provides that:

(i)       the fee payable for filing, issuing or sealing a document in the Registry of the High Court, or for obtaining a document or service, is the fee set out in Schedule 1;

(ii)       if a fee payable has riot been paid, a document must not be filed, issued or sealed nor a service provided;

(iii)       the Registrar, when considering whether to waive a fee, is to have regard to the income, day to day living expenses, liabilities and assets of the person liable to pay the fee;

(iv)       the Registrar may defer payment of a fee in respect of an application, notice of appeal or writ of summons if, in the opinion of the Registrar, the application, notice of appeal or writ of summons is attended by urgency that overrides the requirement of payment of a fee at the time of filing or issuing of the document; and

(v)       if a fee has been deferred under subregulation 4(5), the fee is payable within 30 days and may be recovered as a debt due to the Commonwealth.

Subregulation 4(1) amends paragraph 5(2)(d) of the Fees Regulations by providing that the Registrar, when considering whether to waive a hearing fee, is to have regard to the income, day to day living expenses, liabilities and assets of the person liable to pay the fee.

Subregulation 4(2) amends subregulation 5(5) of the Fees Regulations to clarify the circumstances in which a hearing fee will be refunded. A hearing fee will be refunded if -

•       a date has not been fixed for hearing and the proceedings are discontinued or otherwise determined in the High Court, eg. by remitter to the Federal or a Supreme Court;

•       at least 10 days notice is given to the Registrar that a matter will not proceed; or

•       the fee was not payable, eg. the fee should have been waived.

Regulation 5 provides for merits review of the Registrar's waiver decisions by the Administrative Appeals Tribunal. When refusing a waiver application, the Registrar must state his or her reasons for the decision and give notice of rights of review.

Regulation 6 substitutes a new Schedule for the Schedule appearing in the Fees Regulations.