The Federal
Court of Australia Regulations 2004 provide that fees will be payable in accordance with Schedule 1. It is important to note that the fees may be exempted or waived in certain situations.
Note regarding fees: Fees in Schedule 1 of the Regulations are adjusted from time to time; please check the current fees on this page or confirm with the Registry prior to lodging your documents.
The following table is a summary of the relevant parts of the Schedule, with an additional table identifying the forms that may be used.
Schedule Item No 1:
Document or service: Filing of a document by which a proceeding in the Court is commenced, except:
(a) a proceeding or application mentioned in item 2, 3, 4, 12, or 13; or
(b) an appeal from a judgment of the Court or of another court; or
(c) an application for leave or special leave to appeal; or (d) an incidental proceeding in the course of, or in connection with, a proceeding.
Fee: If a corporation
is liable to pay the fee: $2142. In any other case:
$894.
Notice of appeal from a Tribunal decision by the: Superannuation Complaints Tribunal; or Australian Competition Tribunal under the Moomba-Sydney Pipeline System Sale Act 1994.
Application for
determination of the terms for the doing of an act
in relation to an eligible layout under sub-section
25(4)
of the Circuit Layouts Act
1989
Document or service: Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:
(a)
the applicant has been dismissed from employment in alleged contravention of Part 3-1 of that Act
(b) the applicant alleges a breach of section 351 of the Act.
Fee: $60.60 (Being the fee prescribed for subsection 395(2) of that Act by the Fair Work Regulations 2009)
Note: This item applies where the conduct in question occurred on or after 1 July 2009.
Schedule Item No. 4:
Document or service:
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.
Fee: $60.60 (Being the fee prescribed for subsection 395(2) of that Act by the Fair Work Regulations 2009)
Document or service: Filing of a notice of appeal instituting an appeal from a judgment of the Court or another court if no fee has been paid under item 6.
Fee: If a corporation is liable to pay the fee: $5334, in any other case: $3007.
Defence and Cross-Claim against a Party [If cross-claim made]
Schedule Item No. 15:
Document
or service: Setting down fee for hearing a proceeding (including an application, appeal, cross-claim or cross-appeal) or an issue in question in a proceeding.
Fee: If
a corporation is liable to pay the fee: $3569, in
any other case: $1786.
Schedule Item No. 16:
Document
or service: For the hearing of an application (including a cross-claim) under subsection 35A(5) of the Act (review of exercise of power of the Registrar) – for each half day or part of a half day.
Fee: If a corporation
is liable to pay the fee: $713, in any other case:
$356.
Schedule Item No. 17:
Document or service: For the hearing of an application (including a cross-claim) other than an application mentioned in item 16, an issue or question in such an application or an appeal (including a cross-appeal) – for 2nd, 3rd and 4th days, or part of a day.
Fee: If a corporation is liable to pay the fee: $1428, in any other case: $712.
Schedule Item No. 18:
Document or service: For the hearing of an application (including a cross-claim) other than an application mentioned in item 16, an issue or question in such an application or an appeal (including a cross-appeal) – for the 5th, 6th, 7th , 8th and 9th days, or part of a day.
Fee: If a corporation is liable to pay the fee: $2568, in any other case: $1184.
Schedule Item No. 19:
Document or service: For the hearing of an application (including a cross-claim) other than an application mentioned in item 16, an issue or question in such an application or an appeal (including a cross-appeal) – for the 10th and subsequent days, or part of a day.
Fee: If a corporation is liable to pay the fee: $5068, in any other case: $2384.
Schedule Item No. 20:
Document or service: On request, making of a copy or copies of a document or documents filed in, lodged with, or produced to, the Court (regardless of the number of documents to which the request relates).
Fee: For the request $3.00. For each page included in a copy made in accordance with the request, $1.00.
Schedule Item No. 21:
Document or service: For each service or execution, or attempted service or execution, of process of the Court by an officer of the Court.
Fee: An amount equal to the amount of any expenses reasonably incurred by that officer in the service or execution, or attempted service or execution, of the process, together with a charge calculated at the hourly rate of salary payable to an officer for the time involved in the service or execution, or attempted service or execution.
Schedule Item No. 22:
Document or service: For the seizure and sale of goods by an officer of the Court in the execution of the process of the Court (except in relation to a proceeding under the Admiralty Act 1988).
Fee: $777
Schedule Item No. 23:
Document or service: For issuing a subpoena to produce or give evidence.
Subpoena for production and to give evidence [O 69A]
Schedule Item No. 24:
Document or service: For taxation of a bill of costs in which the amount claimed in the bill is $10,000 or less.
Fee: $848
Schedule Item No. 25:
Document or service: For taxation of a bill of costs in which the amount claimed in the bill is more than $10,000.
Fee: $2036
Schedule Item No. 26:
Document or service: For mediation by a court officer – for the first attendance at the mediation.
Fee: If a corporation is liable to pay the fee: $894, in any other case: $446.
Schedule Item No. 27:
Document or service : On request, production of files of the Court relating to a proceeding or purported proceeding (unless the request is by, or on behalf of, a party to the proceeding or purported proceeding) for search and inspection.
