Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Schedule 1
sets out the fees payable in proceedings under the Act.
(2) The person liable
to pay a fee is —
(a) if
the fee is a filing fee, the person seeking to file the application or
response; or
(b) if
the fee is a setting-down or hearing fee, the person who initiated the
proceedings or lodged the appeal; or
(c) if
the court or a registrar so orders —
(i)
another party to the proceedings or appeal; or
(ii)
each of 2 or more parties to the proceedings or appeal,
including the person initiating the proceedings or lodging the appeal in the
proportions ordered.
(3) A filing fee is
payable at the time when the application or appeal is filed.
(3A) A
setting‑down fee is payable —
(a) if a
court or a registrar directs a time within which the fee must be paid —
within that time; or
(b) in
any other case — at the time when a date is fixed for the hearing of the
proceedings.
(4) A hearing fee is
payable —
(a) if a
court or a registrar directs a time within which the fee must be
paid — within that time; or
(b) in
any other case — at the time when a date is fixed for the
hearing of the proceedings.
(5) A registrar must
not accept an application or appeal for filing in any registry unless any
filing fee for the application or appeal mentioned in Schedule 1 has been
paid.
(6) If, in relation to
an application, a hearing fee payable under subregulation (1) is
unpaid —
(a) a
court may order that no proceedings, or no proceedings other than specified
proceedings, are to take place, except by leave, in the matter to which the
application relates; and
(b) a
person other than the person liable to pay the fee may pay the fee without
affecting any power of the court to make an order for costs for the fee; and
(c) the
court may vacate the date fixed for hearing.
(6A) If a fee remains
unpaid after the time mentioned in subregulation (3) or (4) or the end of
a period mentioned in regulation 18D(3), the unpaid fee is recoverable in
a court of competent jurisdiction as a debt due to the State.
(7) A fee mentioned in
Schedule 1 is not payable if the fee has already been paid in relation to
the proceedings by a person other than the person liable to pay the fee.
(8)
If —
(a) a
fee referred to in Schedule 1 has been paid; and
(b) the
fee is not payable under subregulation (7),
a registrar must
refund to the applicant, or other person who paid the fee, an amount equal to
the amount of the fee.
(8A) A person is
entitled to a refund of the whole or part of a fee mentioned in
Schedule 1 (the refund amount ) if the person pays more than the person
is required to pay for the fee under these regulations.
(8B) The refund amount
is the difference between the fee paid by the person and the amount the person
is required to pay for the fee.
(9) Upon written
notice to a registrar, a person who has paid a setting‑down fee is
entitled to a refund of the fee if —
(a)
notice that the hearing for which the fee was paid will not proceed is given
to the registrar —
(i)
if the hearing date was fixed less than 20 working
days before that date — at least 2 working days before
that date; or
(ii)
in any other case — at least 10 working
days before the hearing date;
and
(b) the
hearing —
(i)
does not proceed; or
(ii)
is conducted only to formalize the making of final
orders.
(10) A person who has
paid a hearing fee for the whole or part of a hearing is entitled to a refund
of —
(a) if
the hearing is conducted only to formalise the making of final
orders — the hearing fee; or
(b) if
the hearing does not proceed on a particular hearing day — the
hearing fee for that day.
(11) In this
regulation —
appeal includes cross‑appeal.
[Regulation 18 amended in Gazette
29 Nov 2002 p. 5665; 14 Jul 2006
p. 2562‑3; 9 Nov 2010 p. 5629; 13 May 2011
p. 1739-42.]