Commonwealth Consolidated Regulations

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FEDERAL MAGISTRATES REGULATIONS 2000 - REG 10A

Payment on invoice

         (1)   Regulation 5 does not apply to a person liable to pay a fee who, when the fee mentioned in subregulation 5 (1), (2), (3) or (4) must be paid is:

                (a)    an approved user of court services; or

               (b)    represented by a legal practitioner who is an approved user of court services.

         (2)   If a person liable to pay a fee has not paid that fee, the Court may invoice for that fee:

                (a)    if paragraph (1) (a) applies -- the person; or

               (b)    if paragraph (1) (b) applies:

                          (i)    the person; or

                         (ii)    the legal practitioner mentioned in that paragraph.

         (3)   An approved user must pay the invoiced fees within 30 days after receiving the invoice.

         (4)   Subregulation (1) ceases to apply to a person mentioned in paragraph (2) (a) or (b) at the end of the period mentioned in subregulation (3) if the invoiced fees are unpaid.

         (5)   In this regulation:

"approved" means approved by the Registrar.

         (6)   In deciding whether to approve a user for this regulation, the Registrar may have regard to the following matters:

                (a)    the user's financial history with the Court, including frequency of dealings and whether fees have been paid;

               (b)    whether the user provides a guarantee;

                (c)    whether the user is, or is likely to be, a regular user of court services;

               (d)    the financial circumstances of the user;

                (e)    any other matter the Registrar considers relevant.

         (7)   An approval may be made subject to conditions stated in the approval.



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