Use this form to claim a refund of court fees paid if:
a. you have paid more for court fees that you were required to pay under the Regulation (to claim back the excess paid); or
b. you have paid a court fee but it had already been paid by another person or it was not payable under the Regulation at all (to claim back the whole of the fee you paid); or
c. for a hearing that has not commenced, you paid a hearing fee and you notified the Court within the time required by subsection 2.19(6) of the Regulation that the hearing would not occur or would occur only for the purpose of making formal orders (to claim back all of the hearing fee paid); or
d. for a hearing that has not commenced, you paid a hearing fee but the hearing did not occur or occurred only for the purpose of making formal orders and, although you did not notify the Court as required by paragraph 2.19(5)(a) and subsection 2.19(6) of the Regulation, this was not because of any fault on your part (to claim back the hearing fee paid); or
e. for a hearing that has commenced, you have paid a hearing fee for a hearing day which was not required because:
o the proceeding settled or was discontinued; or
o for some other reason the hearing did not proceed on the hearing day paid for
(to claim back the hearing fee paid for unused hearing days)
f. you have paid a mediation fee for a mediation attendance which did not proceed and the Court, a Judicial Officer or Registrar has ordered this fee be refunded (to claim back the fee ordered to be refunded).

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.

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.

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.

This information notice establishes the manner in which files in the Federal Circuit and Family Court of Australia may be constituted.