Document ID: chunk:federal_register_of_legislation:F2024C00928:front:0:p19
Version: federal_register_of_legislation:F2024C00928
Segment Type: other
Provision Reference: 
Character Range: 42790–45275

will occur only for the purpose of making orders finalising the proceeding that was to be the subject of the hearing; and
 (b) the hearing does not occur or occurs only for the purpose of making those orders.
 (6) The person must notify the relevant Registrar or authorised officer in writing:
 (a) if the hearing day was fixed less than 10 business days before the hearing day—at least 2 business days before the hearing day; and
 (b) in any other case—at least 10 business days before the hearing day.
 (7) Despite subsection (5), a relevant Registrar or authorised officer may refund a hearing fee for a hearing day, or a part of a hearing day, in respect of a hearing that has not commenced if:
 (a) the person who paid the hearing fee has not notified the relevant Registrar or authorised officer in accordance with paragraph (5)(a) and subsection (6); and
 (b) the relevant Registrar or authorised officer is satisfied that the reason the person has not notified the relevant Registrar or authorised officer is not the fault of the person; and
 (c) the hearing does not occur or occurs only for the purpose of making orders finalising the proceedings that were the subject of the hearing.
Note: A decision of the relevant Registrar or authorised officer under this subsection is reviewable by the ART: see section 2.21.

Hearing fees—hearings commenced
 (8) A person is entitled to the refund of the amount paid by the person as a hearing fee for a hearing day, or a part of a hearing day, in respect of a hearing that has commenced if:
 (a) the proceeding that was the subject of the hearing is settled or discontinued before the hearing day; or
 (b) the hearing day does not proceed for some other reason.
Example: If a person pays hearing fees in advance for 20 hearing days, but the proceeding finishes after 12 hearing days, a person is entitled to a refund of the hearing fees paid for 8 hearing days.

Mediation fee
 (9) A person is entitled to the refund of the amount paid by the person as a mediation fee in relation to a proceeding if:
 (a) the mediation does not proceed on the occasion for which the fee was paid; and
 (b) the relevant court, or a Judge or relevant Registrar of that court, orders a refund of the fee.

2.20  Annual increase in fees
 (1) The amount of each fee mentioned in Schedule 1, other than the fees in any of items 102, 103, 104, 107, 124, 202, 209, 210 and 220 or the reduced fee in item 201A, is increased on 1 July 2023, and on each 1 July