Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This regulation
applies to fees specified in Schedule 1 and Schedule 3 items 1
and 2.
(2) The court may in a
particular case for financial hardship or if it is in the interests of justice
to do so direct —
(a) that
a fee be waived or reduced;
(b) that
the whole or part of a fee be refunded; or
(c) that
the payment of the whole or a part of a fee be deferred until such time, and
upon such conditions, if any, as the court thinks fit.
(3) For the purpose of
assessing financial hardship, the court is to have regard to —
(a) in
the case of an individual, the income, day to day living expenses, liabilities
and assets of the individual; or
(b) in
the case of a corporation or incorporated association, the income, liabilities
and assets of the corporation or incorporated association.
(4) The court may
direct that the payment of the whole or a part of a fee be deferred until such
time, and upon such conditions, if any, as the court thinks fit if the filing
is attended by urgency that overrides the requirement of payment of the fee at
the time of filing.
(5) The payment of a
fee is to be waived in relation to the following persons —
(a) the
holder of one of the following cards issued by the Department of Social
Security of the Commonwealth —
(i)
a health care card;
(ii)
a health benefit card;
(iii)
a pensioner concession card;
(iv)
a Commonwealth seniors health card;
(b) the
holder of any other card issued by the Department of Social Security or the
Department of Veterans’ Affairs of the Commonwealth that certifies
entitlement to Commonwealth health concessions;
(c) a
prisoner or person lawfully detained in a public institution;
(d) a
person under 18 years of age;
(e) a
person in receipt of a youth training allowance, or an AUSTUDY allowance, as
defined in section 23(1) of the Social Security Act 1991 of the
Commonwealth;
(f) a
person in receipt of benefits under the Commonwealth student assistance scheme
known as the ABSTUDY Scheme;
(g) a
person granted legal aid in respect of the proceedings in relation to which
the fee would otherwise be payable.
(6) An application for
a fee to be waived, reduced, refunded or deferred must be in the form of
Form 4.
(7) Form 4 must
be completed in accordance with the directions specified in it.
(8) The court may,
before determining the application, require the applicant to provide the court
with such further information as the court requires either in writing or
orally.
(9) A fee, payment of
which has been deferred until an event occurs, becomes payable when that event
occurs.
(10) A person who
makes a statement or representation in an application under
subregulation (6) that the person knows or has reason to believe is false
or misleading in a material particular commits an offence.
Penalty: $1 000.
(11) If a fee payable
by a person is waived, reduced, refunded or deferred in accordance with a
direction under subregulation (2) and the court is satisfied, having
given the person an opportunity to make a written submission, that the person
has made a statement or representation in an application under
subregulation (6) that the person knows or has reason to believe is false
or misleading in a material particular, the court may revoke the direction and
so much of the fee as was waived, reduced, refunded or deferred is to be paid
by the person within 5 days of being given notice of the revocation of
the direction and, if it is not so paid, is recoverable as an unpaid fee under
regulation 109(2).
(12) Despite the
provisions of these regulations, a fee is not to be charged in respect of an
application under this regulation.