The Court does not set the fees payable in the court. Fees are set by Federal Government Regulations - Family Law (Fees) Regulations 2022. The current fees are contained within the gazetted Annual federal courts and tribunals fee increases from 1 July 2023.
GST does not apply to court fees.
| Filing Fees | |
|---|---|
| Application for divorce | $1060 |
| Application for divorce – reduced fee^ | $350 |
| Application for consent orders | $195 |
| Application as to validity of Marriage, Divorce, Annulment | $1,505 |
| Application for decree as to nullity | $1,505 |
| Application for decree as to nullity - reduced fee^ | $500 |
| Initiating Application (Parenting OR Financial, Final only) | $410 |
| Initiating Application (Parenting OR Financial, Final AND Interim) | $550* |
| Initiating Application (Parenting AND Financial, Final only) | $670 |
| Initiating Application (Parenting AND Financial, Final AND Interim) | $810* |
| Response to initiating application (Final) | $410 |
| Notice of appeal or an application for leave to appeal | $1,605 |
| Interim order application/Application in a proceeding (Parenting AND/OR Financial) | $140 |
| Issue subpoena | $65 |
| Application under the Trans Tasman Proceedings Act 2010 | $140 |
| Filing an application to register a New Zealand judgment | $125 |
| Court Event Fees | |
|---|---|
| Setting down for hearing fee (defended matter) (This fee is not refundable) | $745 (Div2) $1010 (Div1) |
| Daily hearing fee (for each hearing day, excluding the first hearing day) | $745 (Div2) $1010 (Div1) |
| Conciliation conference | $465 (both) |
* Initiating applications that seek interim AND final orders also attract the interim order fee. Example:
- Initiating Application (Parenting AND Financial) $670 + Interim order application $140 = Total filing fee $810
- Initiating Application (Parenting OR Financial, Final) $410 + Interim order application $140 = Total filing fee $550
If you hold certain Government concession cards or you can demonstrate financial hardship, you may be eligible for:
^ a reduced fee for an application for divorce (both parties must be eligible if filing a joint application) or decree of nullity.
See the Guidelines for reduced fee - divorce and decree of nullity application
For all other applications you may be eligible for an exemption of fees.
See the Guidelines for exemption of court fees
Filing fees can be paid online when eFiling using the Commonwealth Courts Portal www.comcourts.gov.au
Court event fees can also be paid online (once you have received a statement with your PID number) via eservices.comcourts.gov.au
Payment for filing and court event fees can be made in registries via:
- eftpos
- debit card
- credit card
or by mail using:
- Visa and Mastercard credit/debit card
NOTE: If you DO NOT have a credit/debit card you can buy a pre-paid debit card from various retail outlets for a nominal fee.
Credit card payment form
You may need this form when making a payment.
This form must be included with any mailed application or request. Please do not fax this form unless you have been directly requested to do so by the Court.
The Credit card payment form is available on the forms page.
These fees apply from 1 July 2023 and are set by Federal Government regulations Family Law (Fees) Regulations 2022.
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.
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 (201) |
$1,890 |
$785 |
| 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) |
$2,110 |
$875 |
|
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 |
|
|
Seizure and sale of goods |
$720 |
|
|
Filing an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010 |
$145 |
|
* 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 |
If the claim is between |
|
|
Filing of an application under Consumer Credit Protection Act 2009 if the applicant indicates they want the small claims procedure to apply |
$285 |
$455 |
Industrial Law
For proceedings other than the following the general application fee applies:
Fair work
|
Document or service |
Fee |
|---|---|
|
Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:
|
$83.30 |
|
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 |
$83.30 |
| Filing of an application under section 539 of the Fair Work Act 2009 for orders in relation to an alleged contravention of Division 2 of Part 3‑5A of that Act | $85.00 |
Small claims
|
Document or service |
Fee |
|||
|---|---|---|---|---|
|
If the claim is |
If the claim is between |
If the claim is between $50,000 and $100,000 | 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 |
$285 |
$455 |
$525 | $285 |
Bankruptcy
|
Document or service |
Fee |
|||
|---|---|---|---|---|
|
Publicly listed company |
Corporations |
Public authority |
Others |
|
|
Filing an application under the Bankruptcy Act 1966 |
$6,630 |
$4,425 |
$4,425 |
$1,845 |
|
Application for substituted service of a bankruptcy notice |
$745 |
$490 |
$490 |
$195 |
|
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 |
$915 |
$595 |
$595 |
$305 |
|
Examination by a Registrar under section 50 or 81 of the Bankruptcy Act 1966 – for each day or part of a day |
$3,415 |
$2,260 |
$2,260 |
$935 |
Human rights
|
Document or service |
Fee |
|---|---|
|
Human rights (under Section 46PO or 46PP of the Human Rights Commission Act 1986) |
$55 |
Migration
|
Document or service |
Fee |
|
|---|---|---|
| Filing an application (migration only) |
(a) full fee—$3,785, or (b) if a Registrar or an authorised officer has determined |
|
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.
