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Practice notes

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Cite as: July 2015 89 (7) LIJ, p.62

Changes to filing and other fees in the Federal Court from 1 July 2015

Federal Court of Australia

As a result of amendments to the Federal Court and Federal Circuit Court Regulation 2012 made by the Federal Courts Legislation Amendment (Fees) Regulation 2015 some significant changes to filing and other fees in the Federal Court will take effect from 1 July 2015.

Almost all fees have increased by 10 per cent but, other than for some bankruptcy fees, fee categories have been restructured to remove the higher fee tier for publicly listed companies and to reduce fees for public authorities from the corporations rate to that for “in any other case”.

An additional exemption has been included so that no fee will be payable on filing of an application under s23 of the International Arbitration Act 1974 to issue a subpoena requiring attendance before or production of documents to an arbitral tribunal or both. If an order for the issue of such a subpoena is made, the normal fee for issue of that subpoena will still be payable. Otherwise no changes have been made to any of the existing exemptions.

The new filing fees will apply to all documents filed on or after 1 July 2015. The new setting-down, hearing and mediation fees will, however, only apply to hearings and mediations fixed on or after that date. Hearings and mediations which have already been or are fixed up to and including 30 June 2015 will pay the current rates for setting-down, hearing and mediation fees even if the hearing or mediation does not take place until, on or after 1 July 2015.

Further information and a table of fees payable from 1 July 2015 are available on the Court’s website at www.fedcourt.gov.au.

John Mathieson, Deputy Registrar, 3 June 2015
Family Court of Australia
Federal Circuit Court of Australia
New Court Websites

The new Family Court of Australia (www.familycourt.gov.au) and Federal Circuit Court of Australia (www.federalcircuitcourt.gov.au) websites are live.

The Family Law Courts website (www.familylawcourts.gov.au) is no longer be available although there will be redirects put in place on that site.


National Communication, 26 May 2015
Magistrates’ Court of Victoria
Practice Direction No. 5 of 2015 – Mediation Program

Background

Practice Direction 6 of 2007 created a mediation pilot program for certain defended civil proceedings at the Magistrates’ Court of Victoria (the Court) at Broadmeadows. The purpose of the Practice Direction is to extend the civil mediation program to the Court at Wangaratta.

Directions
  1. From 1 June 2015 the Court will commence a mediation program at Wangaratta (the Program) for all defended civil disputes where the amount sought in the complaint is less than $40,000 or where the dispute is under the Associations Incorporation Act 1981 (irrespective of the amount or matter of dispute). These proceedings will be referred to mediation pursuant to s108 of the Magistrates’ Court Act 1989 unless the Court determines otherwise on application by any party.
  2. The Program will involve only those proceedings where a notice of defence is filed at the Court at Wangaratta on or after 1 June 2015.
  3. In addition to serving upon a defendant the complaint and two notices of defence, a plaintiff in a proceedings will serve upon the defendant a document entitled “Information about Court-Annexed Mediation”.
  4. Where a defendant seeks to defend a complaint and files and serves a notice of defence in order to do so, that person must return to the Magistrates’ Court at Wangaratta at the same time as the notice of defence is filed with a completed Section A, which is contained in the “Information about Court-Annexed Mediation”.
  5. This Practice Direction commenced 1 June 2015.

Peter Lauritsen, Chief Magistrate, 26 May 2015
Magistrates’ Court of Victoria
Practice Direction No. 6 of 2015 – Mediation Program Background

Practice Direction 6 of 2007 created a mediation pilot programme for certain defended civil proceedings at the Magistrates’ Court of Victoria (the Court) at Broadmeadows. The purpose of the Practice Direction is to extend the civil mediation program to the Court at Warrnambool, Portland, Colac and Hamilton.

Directions

From 1 June 2015 the Court will commence a mediation program at Warrnambool, Portland, Colac and Hamilton (the Program) for all defended civil disputes where the amount sought in the complaint is less than $40,000 or where the dispute is under the Associations Incorporation Act 1981 (irrespective of the amount or matter of dispute). These proceedings will be referred to mediation pursuant to s108 of the Magistrates’ Court Act 1989 unless the Court determines otherwise on application by any party.

The Program will involve only those proceedings where a notice of defence is filed at the Court at Warrnambool, Portland, Colac or Hamilton on or after 1 June 2015.

In addition to serving upon a defendant the complaint and two notices of defence, a plaintiff in a proceedings will serve upon the defendant a document entitled “Information about Court-Annexed Mediation”.

Where a defendant seeks to defend a complaint and files and serves a notice of defence in order to do so, that person must return to the Magistrates’ Court at Warrnambool, Portland, Colac or Hamilton at the same time as the notice of defence is filed with a completed Section A, which is contained in the “Information about Court-Annexed Mediation”.

This Practice Direction commenced 1 June 2015.


Peter Lauritsen, Chief Magistrate, 26 May 2015

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