Document ID: chunk:federal_register_of_legislation:F2024C00928:front:0:p15
Version: federal_register_of_legislation:F2024C00928
Segment Type: other
Provision Reference: 
Character Range: 33844–36266

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.

Division 2.5—Payment of fees

2.14  When fees must be paid

Filing fee
 (1) A filing fee for a 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 the hearing, as follows:
 (a) if the hearing is fixed to commence within 28 days after the day when the court fixes the hearing—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 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 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.

Fee for service or execution of process, or seizure and sale of goods
 (5) A fee mentioned in any of items 124, 125, 220 and 221 of Schedule 1 must be paid within the period, or at the time, approved by the relevant Registrar or an authorised officer of the relevant court for the payment of the fee.

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.

2.15  Deferral of payment of fees
 (1) Section 2.14 does not apply to a fee payable in relation to a proceeding if the 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) (other than a fee mentioned in any of items 123 to 125 and 219 to 221 of