Note: The fees listed below are effective from 1 July 2023.
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 and Family Court proceedings pursuant to Schedule 1 Part 2 of the Federal Court and Federal Circuit and Family Court Regulations 2022.
To view the Regulation see www.legislation.gov.au. The current fees are contained within the gazetted Annual federal courts and tribunals fee increases from 1 July 2023.
|
Document or service |
Fee |
|
|---|---|---|
|
Corporations |
Others |
|
| Filing an application (migration only) |
(a) full fee—$3,785, or (b) if a Registrar or an authorised |
|
|
Response* |
$1,890 |
$775 |
|
Interlocutory – interim* |
$1,135 |
$460 |
|
Setting down for hearing fee* |
$2,260 |
$935 |
|
Daily Hearing Fee* (for each hearing day, or part of a hearing day excluding the first hearing day) |
$2,260 |
$935 |
|
Mediation by a court officer* (For each attendance) |
$625 |
|
|
Filing an Application for a Review of a Registrar's Decision* |
$1,135 |
$460 |
|
For the hearing of an application (including a cross-claim) under subsection 256(2) of the Federal Circuit and Family Court Act – for each day or part of day* |
$2,260 |
$935 |
|
Filing a bill of costs* |
$305 |
|
|
Issuing a subpoena* |
$180 |
$90 |
| On request, production of file and making of a copy or copies of a document or documents in the file: | ||
|
Production of the file |
$60 |
|
|
For each page included in a copy made in accordance with the request |
$1 |
|
* 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.
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.
