Document ID: chunk:federal_register_of_legislation:F2024C00928:front:0:p12
Version: federal_register_of_legislation:F2024C00928
Segment Type: other
Provision Reference: 
Character Range: 26882–29407

under section 32AD of the Federal Court Act.

Federal Circuit and Family Court of Australia (Division 2)
 (2) A filing fee (other than the filing fee mentioned in item 214A of Schedule 1) is not payable in relation to a proceeding in the Federal Circuit and Family Court of Australia (Division 2) if:
 (a) the proceeding is in relation to a matter that:
 (i) was remitted by the High Court to the Federal Court under section 44 of the Judiciary Act 1903; and
 (ii) was subsequently transferred by the Federal Court to the Federal Circuit and Family Court of Australia (Division 2) under section 32AB of the Federal Court Act; or
 (b) the proceeding is in relation to a matter remitted by the High Court to the Federal Circuit and Family Court of Australia (Division 2) under section 44 of the Judiciary Act 1903.
Note: Other fees may be payable in relation to a proceeding mentioned in this section.

2.12  When setting down fees are not payable

Federal Court
 (1) A setting down fee is not payable in relation to a proceeding in the Federal Court if:
 (a) the proceeding is only a proceeding that is commenced by an interlocutory application; or
 (b) in relation to an application or appeal:
 (i) a setting down fee, or a fee for setting down under another law of the Commonwealth, has already been paid in relation to the proceeding; and
 (ii) that fee has not been refunded; or
 (c) the proceeding is an application for admission to practice as a barrister, solicitor, or barrister and solicitor; or
 (d) the proceeding is in relation to a matter that was remitted to the Federal Court by the High Court under section 44 of the Judiciary Act 1903, and:
 (i) it was commenced in the High Court before 1 November 2004; or
 (ii) it was remitted by the High Court in its appellate jurisdiction for re‑hearing by the Federal Court; or
 (e) the proceeding is an exercise by the Federal Court of its original jurisdiction under the Bankruptcy Act 1966; or
 (f) the proceeding is in relation to a criminal matter; or
 (g) the proceeding is in relation to a case stated, or a question reserved, for the consideration or opinion of the Federal Court; or
 (h) the proceeding is in relation to a referral to the Federal Court of a question of law by a tribunal or body that, under a law of the Commonwealth, may refer questions of law to the Federal Court; or
 (i) the proceeding is an application to the Federal Court for an extension of time within which a particular proceeding may be commenced; or
 (j) the proceeding is one that