Commonwealth Consolidated RegulationsA setting down fee is not payable in a proceeding relating to a matter if:
(a) the matter:
(i) was remitted by the High Court, in the exercise of its appellate jurisdiction, for re‑hearing by the Federal Court under section 44 of the Judiciary Act 1903 ; and
(ii) was subsequently transferred by the Federal Court to the Federal Magistrates Court under section 32AB of the Federal Court of Australia Act 1976 ; or
(b) the matter was remitted by the High Court, in the exercise of its appellate jurisdiction, for re‑hearing by the Federal Magistrates Court under section 44 of the Judiciary Act 1903 .