Use this form to claim a refund of court fees paid if:
- you have paid more for court fees that you were required to pay under the Regulation (to claim back the excess paid); or
- you have paid a court fee but it had already been paid by another person or it was not payable under the Regulation at all (to claim back the whole of the fee you paid); or
- for a hearing that has not commenced, you paid a hearing fee and you notified the Court within the time required by subsection 2.19(6) of the Regulation that the hearing would not occur or would occur only for the purpose of making formal orders (to claim back all of the hearing fee paid); or
- for a hearing that has not commenced, you paid a hearing fee but the hearing did not occur or occurred only for the purpose of making formal orders and, although you did not notify the Court as required by paragraph 2.19(5)(a) and subsection 2.19(6) of the Regulation, this was not because of any fault on your part (to claim back the hearing fee paid); or
- for a hearing that has commenced, you have paid a hearing fee for a hearing day which was not required because:
- the proceeding settled or was discontinued; or
- for some other reason the hearing did not proceed on the hearing day paid for
(to claim back the hearing fee paid for unused hearing days)
- you have paid a mediation fee for a mediation attendance which did not proceed and the Court, a Judicial Officer or Registrar has ordered this fee be refunded (to claim back the fee ordered to be refunded).
For items c and d above, a “formal order” is an order which finalises the proceeding.
It will assist if you include the file number and file name (eg Smith Pty Ltd v Commonwealth of Australia) in the appropriate fields at the top right hand corner of this page.
A setting down fee cannot be refunded even if the hearing does not occur.
You must include with this application all of the information that you believe will show that you are entitled to a refund under the Regulation and, for a claim under item d above, to satisfy the Registrar or Authorised Officer that the failure to give notice as required under the Regulation was not the fault of the person who paid the hearing fee.