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reg 16

Refund of fees

In force

16 Refund of fees

(1)

Subject to this regulation, if a fee was paid which was not payable under these Regulations, the fee is to be refunded.

(2)

If a fee higher than that required to be paid was paid by mistake, the difference between the fee to be paid and fee paid by mistake is to be refunded.

(3)

If a fee has been paid for commencement of a proceeding and the matter is subsequently transferred to a lower court, no refund is payable.

(4)

No refund is payable for a setting down fee if the matter does not proceed to hearing.

(5)

No refund is payable for a hearing fee, or a fee which encompasses the first day of hearing, if the hearing does not proceed.

(6)

No refund is payable for a mediation fee if the mediation does not proceed.

(7)

In addition to subregulations (1) to (6), a court official may refund a fee if satisfied there are exceptional reasons justifying the refund of the fee in a particular case.

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