Document ID: chunk:federal_register_of_legislation:F2024C00928:front:0:p11
Version: federal_register_of_legislation:F2024C00928
Segment Type: other
Provision Reference: 
Character Range: 24604–27101

of that Act;
 (b) the applicant alleges a breach of section 351 of that Act.
 (2A) A fee mentioned in Schedule 1, other than a filing fee mentioned in item 103A or 209A, is not payable in relation to an application under section 539 of the Fair Work Act 2009 for orders in relation to an alleged contravention of Division 2 of Part 3‑5A of that Act.
 (3) A fee mentioned in Schedule 1, other than a filing fee mentioned in item 104 or 210, is not payable in relation to an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act.
 (4) A fee mentioned in Schedule 1, other than a filing fee mentioned in any of items 211 to 214, is not payable in relation to a small claims proceeding in the Federal Circuit and Family Court of Australia (Division 2).

2.11  When filing fees are not payable

Federal Court
 (1) A filing fee (other than the filing fee mentioned in item 115C of Schedule 1) is not payable in relation to any of the following proceedings in the Federal Court:
 (a) a proceeding in relation to a matter remitted to the Federal Court by the High Court under section 44 of the Judiciary Act 1903;
 (b) a proceeding in relation to a matter referred to the Federal Court by the High Court under subsection 354(1) or (3) of the Commonwealth Electoral Act 1918;
 (c) a proceeding in relation to a criminal matter;
 (d) a proceeding in relation to a case stated, or a question reserved, for the consideration or opinion of the Federal Court;
 (e) a proceeding in relation to a referral to the Federal Court of a question of law by a tribunal or body that, under a law of the Commonwealth, may refer questions of law to the Federal Court;
 (f) an application to the Federal Court for an extension of time within which a particular proceeding may be commenced;
 (g) a proceeding transferred from the Federal Circuit and Family Court of Australia (Division 2) by the Federal Court under section 32AC of the Federal Court Act;
 (h) a proceeding:
 (i) 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; and
 (ii) whose transfer is confirmed by the Federal Court under section 32AD of the Federal Court Act.

Federal Circuit and Family Court of Australia (Division 2)
 (2) A filing fee (other than the filing fee mentioned in item 214A of Schedule 1) is not payable in relation to a