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01 April, 2023

Application for exemption from paying Court fees - general (general federal law)

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.

14 October, 2024

Application for exemption from paying Court fees or reduction - financial hardship (general federal law)

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.

01 September, 2025

Notice of Withdrawal as Lawyer

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.

01 September, 2025

Legal costs in general federal law matters

In general federal law proceedings, the Court normally awards costs to a successful party. They are intended to reimburse a party (usually the successful one) for their legal costs. The costs awarded are normally only part of the costs incurred. These are referred to as party-party costs. Costs may be awarded before a final hearing; for example if a party has not complied with a timetable and the other party brings the matter back to court for further directions.

01 September, 2025

General federal law matters

The Federal Circuit and Family Court of Australia (the Court) deals with a wide range of matters, sharing jurisdiction with the Federal Court of Australia and, in some cases, state courts. The Court’s rules and procedures are simpler and less formal, and aim to reduce the cost and number of court appearances for clients.

Human rights: Legal resources

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Note: The fees listed below are effective from 1 July 2025.

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 of Australia (Division 2) proceedings pursuant to Schedule 1 Part 2 of the Federal Court and Federal Circuit and Family Court Regulations 2022.

The current fees are contained within the gazetted Annual federal courts and tribunals fee increases from 1 July 2025.

Document or service Fee
Corporations Others
Filing an application (201)
^ Note: this is not the fee payable for migration applications, see below
$2,005 $835
Filing an application (migration only) (201A)

(a) full fee—$4,015, or

(b) if a Registrar or an authorised officer has determined that the person may pay a reduced fee under section 2.06A—$2,005

Response*
Seeking different orders sought by applicant (207)
$2,005 $825
Interlocutory – interim (204)* $1,205 $485
Setting down for hearing fee (215)* $2,395 $995
Daily Hearing Fee* (for each hearing day, or part of a hearing day excluding the first hearing day) (216) $2,395 $995
Mediation by a court officer* (For each attendance) (224) $665
Filing an Application for a Review of a Registrar's Decision (205)* $1,205 $485
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 (218)* $2,395 $995
Filing a bill of costs (203)* $325
Issuing a subpoena (222)* $190 $95
On request, production of file and making of a copy or copies of a document or documents in the file: (219)

Production of the file

$60

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

$1
Seizure and sale of goods (221) $765
Filing an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010 (214A) $155

* 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.

Service and execution

For each service or execution, or attempted service or execution, of the process of the Federal Circuit and Family Court of Australia (Division 2) by an officer of the court** an amount equal to:

  1. the amount of any expenses reasonably incurred by the officer in the service or execution, or attempted service or execution, of the process; and
  2. a charge worked out at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution (220)

**other than an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986

Document or service Fee
Seizure and sale of goods*** (221)

$765

***other than in relation to a proceeding under the Admiralty Act 1988 or an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986

Small claims

Document or service Fee
If the claim is
less than $10,000 (213)
If the claim is between
$10,000 and $20,000 (214)
Filing of an application under Consumer Credit Protection Act 2009 if the applicant indicates they want the small claims procedure to apply

$300

$480

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:

  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 (209)
$89.70
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 (209A) $90.00
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 (210) $89.70

Small claims

Document or service Fee
If the claim is
less than $10,000 (211)
If the claim is between
$10,000 and $50,000 (212)
If the claim is between $50,000 and $100,000 (212AA) 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) (212A)
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

$300

$480

$560 $300

Bankruptcy

Document or service Fee
Publicly listed company Corporations Public authority Others
Filing an application under the Bankruptcy Act 1966 (206) $7,035 $4,695 $4,695 $1,955
Application for substituted service of a bankruptcy notice (208) $790 $520 $520 $205
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 (223) $975 $630 $630 $325
Examination by a Registrar under section 50 or 81 of the Bankruptcy Act 1966 – for each day or part of a day (217) $3,625 $2,395 $2,395 $995

Human rights

Document or service

Fee

Filing an application (Human rights under Section 46PO or 46PP of the Human Rights Commission Act 1986) (202)

$55

Migration

Document or service

Fee

Filing an application (migration only) (201A)

(a) full fee—$4,015, or

(b) if a Registrar or an authorised officer has determined that the person may pay a reduced fee under section 2.06A—$2,005

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.