Document ID: chunk:federal_register_of_legislation:F2024C00960:front:0:p9
Version: federal_register_of_legislation:F2024C00960
Segment Type: other
Provision Reference: 
Character Range: 19735–22186

document must be paid before the relevant document is filed.

Setting down fee
 (2) A setting down fee for a hearing in relation to a proceeding must be paid when a relevant court fixes one or more days for the hearing, as follows:
 (a) if the hearing is fixed to commence within 28 days after the day when the court fixes the hearing days—within the period, or at the time, approved by the relevant Registrar or authorised officer of the relevant court for the payment of that fee;
 (b) in any other case—no later than 28 days before the hearing is fixed to commence.
 (3) To avoid doubt, a setting down fee is payable for the fixing of one or more days for the hearing of a proceeding whether or not the proceedings are heard on those days, on later days or at all.

Hearing fee
 (4) A hearing fee for a hearing day, or a part of a hearing day, in relation to a proceeding must be paid as follows:
 (a) if the hearing day is more than 2 business days after the day when the hearing day is fixed—no later than close of business for the relevant court on the day that is 2 business days before the hearing day;
 (b) in any other case—no later than 9.30 am on the hearing day.

Conciliation conference fee
 (5) A conciliation conference fee must be paid as follows:
 (a) if the day (the conference day) on which the conference is to be held is within 28 days after the day when the conference day is fixed—before the conference day;
 (b) in any other case—no later than 28 days before the conference day.

Fee for other service
 (6) A fee for a service:
 (a) mentioned in an item in Schedule 1; and
 (b) not otherwise mentioned in this section;
must be paid before the service is provided.

2.10  Deferral of payment of fees
 (1) Section 2.09 does not apply to a fee payable in relation to a proceeding if a relevant Registrar or an authorised officer of the relevant court defers the payment of the fee.
 (2) The relevant Registrar or authorised officer may defer the payment of a fee under subsection (1) if, in the opinion of the relevant Registrar or authorised officer:
 (a) for a filing fee for a document (other than the fee mentioned in item 5 of Schedule 1)—the need to file the document is so urgent that it overrides the requirement to pay the filing fee before the document is filed; or
 (b) considering the financial circumstances of the liable person for the fee, it would be oppressive or otherwise unreasonable to require payment of the