Federal Circuit Court Amendment (Costs and Other Measures) Rules 2018
We, Judges of the Federal Circuit Court of Australia, make the following Rules of Court.
Dated 1 August 2018
Chief Judge Alstergren
Judge Altobelli
Judge Baird
Judge Baker
Judge Barnes
Judge Bender
Judge Betts
Judge Boyle
Judge Brown
Judge Burchardt
Judge Cameron
Judge Cassidy
Judge Coates
Judge Cole
Judge Curtain
Judge Demack
Judge Driver
Judge Dunkley
Judge Egan
Judge Harland
Judge Harman
Judge Harper
Judge Hartnett
Judge Heffernan
Judge Henderson
Judge Howard
Judge Hughes
Judge A Kelly
Judge C Kelly
Judge Kemp
Judge Kirton
Judge Lapthorn
Judge Lucev
Judge Manousaridis
Judge McGuire
Judge McNab
Judge Mercuri
Judge Middleton
Judge Monahan
Judge Myers
Judge Neville
Judge Obradovic
Judge O’Sullivan
Judge Purdon-Sully
Judge Riethmuller
Judge Riley
Judge Small
Judge Spelleken
Judge Stewart
Judge Street
Judge Terry
Judge Tonkin
Judge Turner
Judge Vasta
Judge Williams
Judge Willis
Judge Wilson
Judge Young
Judges of the Federal Circuit
Court of Australia
Dr Stewart Fenwick Chief Executive Officer
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Part 1—Costs
Federal Circuit Court Rules 2001
Part 2—Other amendments
Federal Circuit Court Rules 2001
These Rules are the Federal Circuit Court Amendment (Costs and Other Measures) Rules 2018.
(1) Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of these Rules | The day after these Rules are registered. | 4 August 2018 |
Note: This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.
(2) Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.
These Rules are made under the Federal Circuit Court of Australia Act 1999.
Each instrument that is specified in a Schedule to these Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to these Rules has effect according to its terms.
Federal Circuit Court Rules 2001
1 Schedule 1
Repeal the Schedule, substitute:
Note: See rules 21.10, 21.16 and 44.15.
Part 1A—Application of this Schedule
1 Application of this Schedule
This Schedule, as amended by the Federal Circuit Court Amendment (Costs and Other Measures) Rules 2018, applies to work done and services performed after the commencement of this Schedule.
Part 1—Family law proceedings and general federal law proceedings
Costs for family law proceedings and general federal law proceedings | |||
Item | Description | Amount for a family law proceeding (including GST) | Amount for a general federal law proceeding (including GST) |
1 | Initiating or opposing an application up to the completion of the first court date | Both: (a) $2,241; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing | Both: (a) $2,992; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
2 | Initiating or opposing an application which includes interim orders (other than procedural orders) up to the completion of the first court date | Both: (a) $2,802; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing | Both: (a) $3,744; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
3 | Interim or summary hearing—as a discrete event Note: This stage applies to an interim application or a summary proceeding of a type not otherwise addressed in this fee structure. It does not include the item 1 or 2 component. | Both: (a) $1,867; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing | Both: (a) $1,867; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
4 | Up to and including the conciliation conference | $1,867 | Not applicable |
5 | Dispute resolution litigation intervention | $1,867 | $3,138 |
6 | Preparation for final hearing—one day matter | $4,775 | $6,728 |
7 | Preparation for final hearing—2 day matter | $5,921 | $10,111 |
8 | Preparation for final hearing—each additional hearing day after the second hearing day | $1,268 | $2,127 |
9 | Final hearing costs for attendance of solicitor at hearing to take judgment. and explain orders | Both: (a) $305; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing | Both: (a) $305; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
10 | Application for family law location, recovery or enforcement of an order (other than an application for enforcement by a Registrar under item 11) | Both: (a) $948; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing | Not applicable |
11 | Application for enforcement by a Registrar of: (a) a warrant under rule 25B.22; or (b) a third party debt notice under rule 25B.40 | $627 | Not applicable |
12 | Advocacy loading | 50% of the daily hearing fee mentioned in item 13 that applies to the hearing | 50% of the daily hearing fee mentioned in item 13 that applies to the hearing |
13 | Daily hearing fee | Either: (a) for a short mention—$305; or (b) for a half day hearing—$1,120; or (c) for a full day hearing—$2,241 | Either: (a) for a short mention—$305; or (b) for a half day hearing—$1,120; or (c) for a full day hearing—$2,241 |
14 | Disbursements—Court fees and other fees and payments to the extent that they have been reasonably incurred | The amount of the fees and payments | The amount of the fees and payments |
15 | Disbursements—photocopying for each page | $0.77 | $0.77 |
16 | Agents fees and travelling costs Note: For 2 or more hours travel. | $630 | $630 |
Part 2—Child support proceedings
Division 1—Application for enforcement order in relation to child support proceedings
Costs for child support proceedings | ||
Item | Description | Amount (including GST) |
1 | Initiating or opposing an application up to the completion of the first court date Note: This item includes final hearing of up to one day if it is held on the first court date. | Both: (a) $2,360; and (b) the daily hearing fee mentioned in item 6 that applies to the hearing |
2 | Interim or summary hearing—as a discrete event Note: This item applies to an interim application, or a summary proceeding of a type not otherwise addressed in this fee structure such as an application for an order that a proceeding be stayed. It does not include the item 1 component. | Both: (a) $1,799; and (b) the daily hearing fee mentioned in item 6 that applies to the hearing |
3 | Preparation of final hearing for a matter of 2 or more days—for every day after the first court date | $1,222 |
4 | Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders | Both: (a) $294; and (b) the daily hearing fee mentioned in item 6 that applies to the hearing |
5 | Advocacy loading | 50% of the daily hearing fee mentioned in item 6 that applies to the hearing |
6 | Daily hearing fee | Either: (a) for a short mention—$294; or (b) for a half day hearing—$1,080; or (c) for a full day hearing—$2,161 |
7 | Disbursements—Court fees and other fees and payments to the extent that they have been reasonably incurred | The amount of the fees and payments |
8 | Disbursements—photocopying documents first 10 pages—for each page | $0.77 |
9 | Disbursements—photocopying documents after first 10 pages—for each page | $0.23 |
10 | Agents fees and travelling costs Note: For 2 or more hours travel. | $608 |
Division 2—Costs for appeal of a Tribunal or Child Support Registrar decision
Costs for an appeal of a Tribunal or Child Support Registrar decision | ||
Item | Description | Amount (including GST) |
1 | A proceeding concluded at or before the first court date for the proceeding | $1,444 |
2 | A proceeding concluded: (a) after the first court date for the proceeding; and (b) at least 4 weeks before the final hearing for the proceeding | $3,604 |
3 | A proceeding concluded at a final hearing | $7,200 |
Division 1—Costs for migration proceedings that have concluded
Costs for migration proceedings that have concluded | ||
Item | Description | Amount (including GST) |
1 | A proceeding concluded at or before the first court date for the proceeding | $1,495 |
2 | A proceeding concluded: (a) after the first court date for the proceeding; and (b) at or before the hearing under rule 44.12 or other interlocutory hearing | $3,737 |
3 | A proceeding concluded at a final hearing | $7,467 |
Division 2—Costs for migration proceedings that have been discontinued
Costs for migration proceedings that have been discontinued | ||
Item | Description | Amount (including GST) |
1 | A proceeding in which the notice of discontinuance is filed and served at least 14 days before the first court date for the proceeding | $744 |
2 | A proceeding in which the notice of discontinuance is filed and served: (a) less than 14 days before the first court date for the proceeding; and (b) at least 15 days before the hearing under rule 44.12 or other interlocutory hearing | $1,864 |
3 | A proceeding in which the notice of discontinuance is filed and served: (a) less than 15 days before the hearing under rule 44.12 or other interlocutory hearing; and (b) at least 15 days before the final hearing | $3,737 |
4 | Any other case | $5,227 |
Federal Circuit Court Rules 2001
2 Paragraph 10.01(3)(g)
Repeal the paragraph, substitute:
(g) dispute resolution;
(ga) family counselling;
3 Part 2 of Schedule 3 (after table item 3)
Insert:
3A | rule 6.11 |
3B | Division 7.3 |