Commonwealth Consolidated Regulations

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FEDERAL MAGISTRATES REGULATIONS 2000 - REG 7

Circumstances in which fee not payable

         (1)   A fee is not payable for an action if the fee has been paid by a person other than the person liable to pay the fee.

         (2)   A fee is not payable for the following proceedings:

                (a)    an application for a divorce order in relation to a marriage that was previously dissolved or annulled under the Family Law Act 1975 or the Matrimonial Causes Act 1959 ;

               (b)    an application for an extension of the time within which a proceeding may be commenced;

                (c)    a proceeding for which a Convention to which Australia is a party provides that a fee is not payable;

               (d)    a proceeding under the Family Law Act 1975 about any of the following:

                          (i)    rescission of a divorce order;

                         (ii)    a parenting plan;

                         (iii)    child maintenance;

                        (iv)    a recovery order within the meaning of section 67Q of that Act;

                         (v)    a custody order, residence order, or an order that a child lives with a person, made by an overseas court;

                        (vi)    a custody order, residence order, or an order that a child lives with a person, made by a court in Australia and enforceable overseas;

                        (vii)    a maintenance order made by an overseas court;

                       (viii)    a maintenance order made by a court in Australia that is enforceable overseas;

                        (ix)    spousal maintenance;

                         (x)    leave, under section 102A of that Act, for a child to be examined;

                        (xi)    an application for enforcement of an order;

                        (xii)    contravention of an order;

                       (xiii)    contempt of court;

                       (xiv)    an application for an injunction under section 114 of that Act;

                       (xv)    costs;

                       (xvi)    an interlocutory, interim or procedural matter;

                (e)    a proceeding under the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988 ;

                (f)    a proceeding under the Family Law (Child Abduction Convention) Regulations 1986 ;

                (g)    an application mentioned in column 2 of item 12 of Schedule 1 (except the filing fee mentioned in column 3 of the item);

                (h)    an application mentioned in column 2 of item 13 of Schedule 1 (except the filing fee mentioned in column 3 of the item);

         (3)   A fee is not payable if the person liable to pay the fee is exempt from payment of the fee under regulation 8.

Note    A fee may be waived under regulation 9.



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