Document ID: chunk:federal_register_of_legislation:F2024C00960:front:0:p11
Version: federal_register_of_legislation:F2024C00960
Segment Type: other
Provision Reference: 
Character Range: 24161–26632

relevant Registrar of that court, may vacate the day scheduled for the hearing or conciliation conference.

Division 2.6—Miscellaneous

2.12  Refund of fees

General
 (1) A person is entitled to a refund of an amount in relation to the payment of a fee mentioned in Schedule 1 if:
 (a) the person pays an amount for the fee; and
 (b) the amount paid by the person is more than the amount that is required to be paid under this instrument for the fee.
 (2) The amount to be refunded is the difference between the amount paid by the person and the amount of the fee that is required to be paid under this instrument.
 (3) A person is entitled to the refund of the amount paid by the person as a fee mentioned in Schedule 1 if:
 (a) the fee had already been paid by another person; or
 (b) the fee was not payable under this instrument.

Setting down fee
 (4) A person is not entitled to the refund of the amount paid by the person as a setting down fee for a hearing in relation to a proceeding if the first hearing day fixed by the setting down, or a hearing day fixed in place of the first hearing day, does not occur.

Hearing fees—hearings not commenced
 (5) 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 not commenced if:
 (a) the person notifies the relevant Registrar or an authorised officer of the relevant court, in accordance with subsection (6), that the hearing will not occur or will occur only for the purpose of making orders finalising the proceedings that were 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 is less than 10 business days after the day when the hearing day is fixed—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