Commonwealth Consolidated Regulations

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FEDERAL MAGISTRATES REGULATIONS 2000 - REG 12

Refund of fees

         (1)   A person who has paid a setting down fee is entitled to a refund of the fee if:

                (a)    notice that the hearing of the application for which the fee was paid will not go ahead is given to a Registrar:

                          (i)    if the date for hearing was fixed less than 10 working days before that date -- not less than 2 working days before the date for hearing; or

                         (ii)    in any other case -- not less than 10 working days before the date for hearing; and

               (b)    the hearing does not go ahead.

         (2)   A person who has paid a setting down fee is entitled to a refund of the fee if, despite notice being given to a Registrar under paragraph (1) (a), a hearing is conducted for the purpose of making formal orders.

         (3)   A person who has paid a mediation fee is entitled to a refund of the fee if the mediation does not happen and the Federal Magistrates Court, a Federal Magistrate or a Registrar orders a refund of the fee.

         (4)   A person who has paid a fee is entitled to a refund of the fee if the fee was not payable because of regulation 7.



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