The Federal
Court of Australia Regulations 2004* provide that fees must be paid to the Court in certain
situations, such as when filing an application, having
a case set down for hearing, and searching a Court file.
The Regulations also provide that these fees may be exempted
or reduced in certain circumstances.
Changes from 1 November 2010
Some significant amendments to the Regulations commenced on 1 November 2010. Previously fees could be exempted or waived in certain circumstances. As a result of these amendments a person who was exempted from payment of fees in any proceeding commenced on or before 31 October 2010 will continue to be exempt from payment of filing, setting-down or hearing fees in that proceeding. However any waiver of fees granted to a person or corporation in relation to a proceeding commended on or before 31 October 2010 will not continue. If payment of full fees which might otherwise be payable in any proceeding (whether commenced before, on or after 1 November 2010) will cause a person or corporation financial hardship that person or corporation may apply for payment of reduced fees.
Exemption of some types of applications
Some specific applications are exempt from all or some fees. These include:
Human Rights applications (other than the initial filing fee of $54 *)
Some Fair Work applications (other than the initial filing fee of $62.40 *)
Appeals from a single judge to a Full Court in Human Rights and some Fair Work applications
Applications to set aside a subpoena by an applicant who is not a party to the proceeding
Some appeals under section 14ZZ of the Tax Administration Act 1953 to the Court or from a single judge of the Court to a Full Court
Some appeals from the Taxation Appeals Division of the Administrative Appeals Tribunal
Criminal matters
Remittals and referrals from the High Court
Cases stated or questions reserved for the consideration or opinion of the Court
References of questions of law by a tribunal or other body with power to refer a question of law to the Court
Proceedings in respect of which an international convention to which Australia is party provides no fee is to be payable
Referrals to the Court by the Commissioner of Taxation on objection decisions as defined in Part IVC of the Taxation Administration Act 1953
Applications for an extension of time within which particular proceeding may be commenced
Setting-down fees in interlocutory applications
Setting-down and hearing fees in proceedings under the Bankruptcy Act 1966
Reduced fees
For proceedings commenced on or after 1 November 2010, a ‘one off’ flat fee of $100 (or the full fee payable if it is less than $100) is payable by people or, where relevant, corporations in certain circumstances including:
they are in receipt of legal aid for those proceedings
they have been granted assistance or certain funding under Part 11 of the Native Title Act 1993
they hold certain concession cards, are in receipt of certain benefits, are in prison or otherwise lawfully detained or are aged less than 18 years
For all proceedings (whether commenced before, on or after 1 November 2010), if payment of full fees would cause financial hardship to a person or, where relevant, a corporation that person or corporation can apply to pay a reduced flat fee of $100 on each occasion that a full fee is otherwise payable (or the full fee if it is less than $100) for filing and setting-down fees but no hearing fees.
* Fees in Schedule 1 of the Federal Court of Australia Regulations
Please note that fees in Schedule 1 are adjusted from time to time; please check the current fees on this website or confirm with the Registry prior to lodging your documents.
