This protocol will apply to all hearings and other court events in the Federal Circuit and Family Court of Australia (Division 1) and (Division 2) (the Courts) from 7 November 2022.

This form is used in general federal law and migration proceedings to make an application to defer the payment of a court fee if: the need to file a document on which a filing fee is payable is so urgent that it overrides the requirement to pay that fee before the document is filed; or having regard to your financial circumstances (or that of the party liable to pay the fee), it would be oppressive or otherwise unreasonable to require you (or that party) to pay a court fee at the time it is required; or you (or the party liable to pay the court fee) are (or is) represented by a lawyer who is not charging you (or that party) in relation to the proceeding; and you (or the party liable to pay the fee) want (or wants) to have the time for payment of a court fee deferred.

This form is used in general federal law or migration proceedings to make an application to be exempted from paying a court fee. Use this form if: you are receiving legal aid for your proceeding from a State/Territory Legal Aid Office or an approved legal aid scheme or service (including an approved community legal centres); or, you are the primary cardholder of a Health Care Card, Pensioner Concession Card, Commonwealth Seniors Health Card or any other card that entitles you to Commonwealth health concessions (this does not extend to a dependant of the primary cardholder); or, you are serving a sentence of imprisonment or otherwise detained in a public institution; or, you are younger than 18; or, you are receiving youth allowance or Austudy payments or ABSTUDY benefits.

This form is used in general federal law and migration proceedings to make an application to be exempted from paying a court fee, or to pay a reduced fee, on the basis of financial hardship. In considering whether payment of a fee would cause financial hardship to an individual, the Court must consider the individual’s income, day to day living expenses, liabilities and assets. If you are applying for an exemption or reduction of a filing fee, then this form must be lodged at the same time as the document on which that fee must be paid is lodged. If you are applying for the exemption of a setting-down or hearing fee, then this form must be lodged once the hearing date is set. For more information, see regulations 2.06 and 2.06A of the Federal Court and Federal Circuit and Family Court Regulations 2012.

This form is used by lawyers to advise the Court that they no longer act for their client. A lawyer may file a notice of withdrawal without leave of the Court only if, at least 7 days before filing the notice, the lawyer has served a notice of intention to withdraw on the party for whom the lawyer is acting.

The Family Court annual reports provide information for our stakeholders and the wider community about the court’s operations and performance in each financial year, and review our progress.

If you have difficulty with English and need an interpreter to understand what is being said at a court hearing, you will need to arrange for any interpreter that you or your witnesses may require. A certified interpreter is required to provider interpreter services for hearings where cross examination will occur, except in exceptional circumstances where no certified interpreter is available for the language required.

This brochure is for people who want the Federal Circuit and Family Court of Australia (Division 2) to review a visa-related decision.