Document ID: chunk:federal_register_of_legislation:F2024C00928:front:0:p13
Version: federal_register_of_legislation:F2024C00928
Segment Type: other
Provision Reference: 
Character Range: 29182–31738

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 is transferred from the Federal Circuit and Family Court of Australia (Division 2) by the Federal Court under section 32AC of the Federal Court Act and a setting down fee has already been paid in relation to the proceeding; or
 (k) all of the following apply:
 (i) the proceeding is one that is transferred by the Federal Circuit and Family Court of Australia (Division 2) to the Federal Court under section 153 of the Federal Circuit and Family Court Act;
 (ii) the transfer of the proceeding is confirmed by the Federal Court under section 32AD of the Federal Court Act;
 (iii) a setting down fee has already been paid in relation to the proceeding.

Federal Circuit and Family Court of Australia (Division 2)
 (2) A setting down fee 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, in the exercise of its appellate jurisdiction, for re‑hearing by 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, in the exercise of its appellate jurisdiction, for re‑hearing by 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.

2.13  When hearing fees are not payable

Federal Court
 (1) A hearing fee is not payable in relation to a proceeding in the Federal Court if:
 (a) the hearing is cancelled before the fee is paid; or
 (b) the sole purpose of the hearing is the delivery of a reserved judgment; or
 (c) in relation to an application or appeal:
 (i) a hearing fee, or a fee for the hearing under another law of the Commonwealth, has already been paid for the application or appeal; and
 (ii) that fee has not been refunded; or
 (d) the proceeding is an application for admission to practice as a barrister, solicitor or barrister and solicitor; or
 (e) the proceeding is in relation to a matter that was remitted to the Federal Court by the High Court under section 44 of the