Migration: Costs | Federal Circuit and Family Court of Australia

Generally, the unsuccessful party has to pay the legal costs of the successful party. These are referred to as party-party costs. If the Court dismisses your application, or you discontinue your application, you will have to pay the Minister’s legal costs.

The total cost will depend on the length of the case and the amount of work done. The Court rules set out the legal costs that ordinarily apply. See Part 3 of Schedule 2 to the Federal Circuit and Family Court (Division 2) (General Federal Law) Rules 2025.

For more information about legal costs in migration matters, see Legal Costs in General federal law matters.

Costs for migration proceedings that have concluded:

Item	Description	Amount (incl. GST)
1	at or before the first court date for the proceeding; before directions are given under rule 25.10	$1,821.21
2	A proceeding concluded: after the first court date for the proceeding or the giving of directions under rule 25.10; or at or before an interlocutory hearing	$4,553.02
3	A proceeding concluded at a final hearing	$9,097.93

Costs for migration proceedings that have been discontinued:

Item	Description	Amount (incl. GST)
1	A proceeding in which the notice of discontinuance is filed and served within 30 days after the application was filed	$905.96
2	A proceeding in which the notice of discontinuance is filed and served: less than 14 days before the first court date for the proceeding or before directions are given under rule 25.10; or at least 15 days before a listed callover or an interlocutory hearing	$2,270.72
3	A proceeding in which the notice of discontinuance is filed and served: less than 15 days before a listed callover or an interlocutory hearing; or at least 15 days before the final hearing	$4,553.02
4	Any other case	$6,368.43