Document ID: chunk:federal_register_of_legislation:F2024C00928:front:0:p18
Version: federal_register_of_legislation:F2024C00928
Segment Type: other
Provision Reference: 
Character Range: 40648–43007

document to be filed or the service to be provided despite the fee, or part of the fee, not being paid.
 (4) If a setting down fee or a hearing fee (or a part of either of those fees) is not paid in relation to a proceeding:
 (a) the relevant court, or a Judge or relevant Registrar of that court, may order that no proceeding, or no proceeding other than a specified proceeding, is to take place except by leave; and
 (b) a person other than the person liable to pay the fee may pay the fee without affecting any power of the relevant court, or of a Judge or relevant Registrar of that court, to make an order for costs for the fee; and
 (c) the relevant court, or a Judge or relevant Registrar of that court, may vacate the hearing day.

Division 2.6—Miscellaneous

2.19  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 proceeding that was to be the subject of the hearing; and
 (b) the hearing does not occur or occurs only for the purpose of making those orders.
 (6) The