Guide to application by a corporation for waiver of fee
Introduction
The Federal
Court of Australia Regulations 2004 provide that fees must be paid to the Federal Court in certain situations, such as when filing an application, having a case set down for hearing, and searching a Court file. The Regulations also provide that where these fees must be paid by a corporation they may be waived in certain circumstances.
When will fees be waived
A Registrar may waive the payment of a fee if, having regard to the corporation’s income, liabilities and assets, he or she is satisfied that payment of the fee would cause the corporation financial hardship.
How quickly will a decision be made?
A Registrar will consider your application together with the accompanying information which you have provided and will decide whether the fees should be waived. Usually the application will be processed while you wait.
How to apply to have a fee waived
1. Get an application for a waiver form and fill it out. You can get a copy of this form from the Registry or download a copy from the Court’s website.
The form can only be completed by a person who is authorised to apply for a waiver on behalf of the corporation.
2. Collect the relevant papers in support of the application (more information about this is set out below).
3. Deliver the application and papers in support to the Federal Court. You can do this by bringing the documents to the Registry, or by posting or faxing them, or by sending them by the internet.
4. A Registrar will consider the application together with the accompanying information that you have provided and will decide whether the fees should be waived.
5. Please read this guide and the form carefully. As the person applying for a waiver, you are responsible for making sure all your paperwork is in order. Although the Court’s Registry staff can can check your forms and other court papers for completeness (for example, they check for signatures, and that attachments are present and signed by an authorised person within your State or Territory) and give you information about the Court’s procedures, they can not give you legal advice and they are not responsible for the accuracy of your documents.
How to fill in your application for waiver
File number
If your application relates to a new proceeding, leave this space blank. Otherwise write the file name for the case in which the corporation is a party.
File name
If your application relates to a new proceeding, leave this space blank. Otherwise write the file number for the case in which the corporation is a party.
Question 1
Write the corporation’s full name in the space provided.
Question 2
Write the corporation’s street address (place of business) in the space provided.
Question 3
Write the corporation’s postal address in the space provided.
Question 4
Write a telephone number where the Court may contact the contact person for the corporation in the space provided.
Question 5
Indicate the type (by ticking the appropriate box) and write the amount of fee for which you seek a waiver. You can get a list of current fees payable from the Registry or from the Court’s website.
Question 6
Tick the box next to the sentence starting ‘Having regard to the corporation’s income…’
You must complete a Statement of Financial Position, and provide as much relevant information about the corporation’s financial situation as possible. You can get a blank Statement of Financial Position from the Registry or download a copy from the Court’s website.
If you are attending the Registry in person, a photocopy will be made of the documents in support of the application for a fee waiver, which will then be returned to you. If you are sending your papers to the Registry by facsimile transmission or by email then you will need to send a copy or image of each document.
Declaration
The application form must be signed and dated
By signing the form you declare that, to the best of your knowledge and belief, the information you have provided is true. Any person who knowingly makes an untrue representation or statement to obtain a benefit or advantage from the Commonwealth is guilty of an offence and, if found guilty, can be fined or imprisoned.
