Intellectual property: Legal resources

Note: The fees listed below are effective from 1 July 2021.

Cheques or Money orders for the payment of fees should be made payable to the Federal Court of Australia.

A number of fees apply to Federal Circuit Court and Family Court proceedings pursuant to Schedule 1 Part 2 of the Federal Court and Federal Circuit Court Regulation 2012.

To view the Regulation see www.legislation.gov.au.

Document or service

Fee

Corporations

Others

Filing an application (201)           
^ Note: this is not the fee payable for migration applications, see below

$1,680

$700

Filing an application (migration only)

(a) full fee—$3,365, or

(b) if a Registrar or an authorised
officer has determined that the person
may pay a reduced fee under
section 2.06A—$1,680

Response*
Seeking different orders sought by applicant

$1,680

$700

Interlocutory – interim*

$1,010

$410

Setting down for hearing fee*

$2,010

$835

Daily Hearing Fee* (for each hearing day, or part of a hearing day excluding the first hearing day)

$2,010

$835

Mediation by a court officer* (For each attendance)

$555

Filing an Application for a Review of a Registrar's Decision*

$1,010

$410

For the hearing of an application (including a cross-claim) under subsection 104(3) of the Federal Circuit Court Act – for each day or part of day*

$2,010

$835

Filing a bill of costs*

$270

Issuing a subpoena*

$160

$80

On request, production of file and making of a copy or copies of a document or documents in the file:  

Production of the file

$50

For each page included in a copy made in accordance with the request

$1

Seizure and sale of goods

$640

Filing an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010

$130

* Note: this fee is not payable for human rights applications, some fair work applications, and small claims proceedings in fair work and consumer credit claims.

Small claims

Document or service

Fee

If the claim is
less than $10,000

If the claim is between
$10,000 and $20,000

Filing of an application under Consumer Credit Protection Act 2009 if the applicant indicates they want the small claims procedure to apply

$250

$405

Industrial Law

For proceedings other than the following the general application fee applies:

Unlawful termination

Document or service

Fee

Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:

  1. the applicant has been dismissed from employment in alleged contravention of Part 3-1 of that Act;
  2. the applicant alleges a breach of section 351 of that Act
$74.90

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act.

$74.90

Small claims

Document or service

Fee

If the claim is
less than $10,000

If the claim is between
$10,000 and $20,000

and the proceedings relate to one or more of the matters mentioned in paragraph 548(1B)(a) of that Act (other than a proceeding mentioned in item 212)

Filing of an application under section 548 of the Fair Work Act 2009 if the applicant indicates they want the small claims procedure to apply

$250

$405

$250

Bankruptcy

Document or service

Fee

Publicly listed company

Corporations

Public authority

Others

Filing an application under the Bankruptcy Act 1966

$5,895

$3,935

$3,935

$1,640

Application for substituted service of a bankruptcy notice

$660

$440

$440

$170

For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966 to attend examination about a debtor's examinable affairs

$815

$530

$530

$270

Examination by a Registrar under section 50 or 81 of the Bankruptcy Act 1966 – for each day or part of a day

$3,035

$2,010

$2,010

$835

Human rights

Document or service

Fee

Human rights (under Section 46PO or 46PP of the Human Rights and Equal Opportunity Commission Act 1986)
Filing an application

$55

Migration

Document or service

Fee

Filing an application (migration only)

(a) full fee—$3,365, or

(b) if a Registrar or an authorised officer has determined
that the person may pay a reduced fee under section 2.06A—$1,680

Party Category and Fee Calculation

Section 2.02 of the Regulation read in conjunction with the definitions in sections 1.03 and 1.04 sets out the basis of how fees are to be calculated. Fees for filing documents, setting down, for hearing, for mediation and for some services are calculated according to the type of body or person liable to pay them. A publicly listed company pays the highest rate of fees. A corporation and a public authority pay the next highest rate. All others, including any individuals, small businesses or unincorporated not-for-profit association, pay the lowest rate.

So the Courts can assess the correct fee which applies, each party will need to complete a Party Category Information Form.

Note: in some cases, such as if you hold certain government concession cards or you can demonstrate financial hardship, you may be exempt from the payment of court fees or entitled to a reduced fee.