Commonwealth Consolidated Regulations

FAMILY LAW REGULATIONS 1984 - REG 16

         (1)    Subject to subregulation (3), a court fee of $616 is payable in respect of an appeal under section 94 or 94AAA of the Act.

Note    This fee is subject to increase under Part IIAA.

         (2)   Subject to subregulation (3), the court fee is payable by the appellant at the time of filing the notice of appeal.

      (2A)   Except in a case to which subregulation (3) applies, a registrar shall not accept a notice of appeal for filing unless the court fee has been paid.

         (3)   The court fee referred to in subregulation (1) is not payable if:

                (a)    the appellant has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney‑General, for the matter to which the proceedings relate; or

               (b)    the appellant is, at the time of filing a notice of appeal:

                          (i)    the holder of one of the following cards issued by Centrelink:

                                   (A)     a health care card;

                                   (B)     a health benefit card;

                                   (C)     a pensioner concession card;

                                   (D)     a Commonwealth seniors health card; or

                         (ii)    the holder of any other card issued by Centrelink or the Department of Veterans' Affairs that certifies entitlement to Commonwealth health concessions; or

                         (iii)    an inmate of a prison or otherwise lawfully detained in a public institution; or

                        (iv)    a child under the age of 18 years; or

                         (v)    in receipt of a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991 ; or

                        (vi)    in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or

                (c)    a registrar, having regard to the income, day to day living expenses, liabilities and assets of the appellant, waives payment of the fee because, in his or her opinion, it would cause financial hardship to the appellant.

Note    Regulation 16A makes provision in relation to the review of a decision of a registrar under paragraph (3) (c).

      (3A)   For subparagraphs (3) (b) (i) and (ii), holder of a card does not include a dependant of the holder of the card.

         (4)   Where the court fee referred to in subregulation (1) has been paid, being a fee that is not payable under subregulation (3), a registrar must refund to the applicant or other person who has paid the fee the full amount of fee.

         (5)    In this regulation, appeal includes cross appeal , and appellant includes cross appellant .