Document ID: chunk:federal_register_of_legislation:F2024C00928:front:0:p5
Version: federal_register_of_legislation:F2024C00928
Segment Type: other
Provision Reference: 
Character Range: 10352–12896

year.
 (4) For paragraph (2)(c), a not‑for‑profit association is a society, club, institution or body that is not formed for the purpose of trading or securing pecuniary profit from its transactions for its members.
 (5) A corporation is not required to be subject to the Corporations Act 2001 to be a corporation for the purposes of this instrument.

Part 2—Fees

Division 2.1—General

2.01  Purpose of this Part
  This Part prescribes matters relating to fees for the purposes of section 60 of the Federal Court Act and section 285 of the Federal Circuit and Family Court Act.

2.01A  Application of this Part
  This Part applies to a fee for a service that is requested, or for the filing of a document that is lodged, in relation to the following:
 (a) a proceeding in the Federal Court;
 (b) a proceeding in the Federal Circuit and Family Court of Australia (Division 2), other than a proceeding under the Family Law Act.
Note: For fees in relation to proceedings under the Family Law Act, see the Family Law (Fees) Regulations 2022.

2.02  Fees
 (1) Schedule 1 sets out the fees payable for the following:
 (a) the filing of a document in relation to a proceeding;
 (b) a service in relation to a proceeding provided by:
 (i) a relevant court; or
 (ii) an officer of a relevant court; or
 (iii) another person acting on behalf of a relevant court.
Note 1: Fees are subject to increase under section 2.20.
Note 2: Fees are not payable in some circumstances: see Division 2.4.
 (2) If the liable person for a fee mentioned in an item in Schedule 1 is a corporation, the fee payable is:
 (a) if the corporation is a publicly listed company and a fee is mentioned in the item for a publicly listed company—that fee; or
 (b) if the corporation is a publicly listed company and a fee is mentioned in the item for a corporation, but not for a publicly listed company—that fee; or
 (c) if the corporation is not a publicly listed company and a fee is mentioned in the item for a corporation—that fee; or
 (d) if no fee is mentioned in the item specifically for a corporation or a publicly listed company—the fee mentioned in the item.
 (3) However, if:
 (a) under section 2.03, a particular fee mentioned in an item in Schedule 1 is payable by more than one person; and
 (b) the item mentions different fees for different persons; and
 (c) at least 2 of the persons mentioned in paragraph (a) are different persons;
the only fee that is payable in relation to that particular fee is the highest fee that applies to any of those persons.

Division