Knowing the difference between fees and costs may affect
your decision to bring or continue a proceeding in the
Federal Court of Australia. A general outline is given
here – if you have any further queries you should
seek legal advice.
Fees
Fees are set out in the Federal Court of Australia Regulations
2004. The Regulations are made by the Federal Government.
They impose filing fees, setting down fees and hearing
fees for an application or appeal filed in the Court.
These Court fees are different from the fees that lawyers
charge their clients.
If you cannot afford a filing fee you can ask the Court
to waive it. Some people are also exempt from paying
fees (for example, if you have been granted Legal Aid
or are the holder of a health care card).
Parties may employ lawyers (barristers or solicitors)
to represent them in a proceeding. These lawyers usually
charge their clients for their services (fees) and expenses
that they have paid on the client’s behalf (disbursements).
Disbursements may include court fees. Together these
charges are known as costs.
The usual rule is that at the end of a proceeding the
unsuccessful party pays the costs (ie the fees and disbursements)
of the other party. For example, in a migration matter,
if the applicant is unsuccessful, the usual rule is that
they will be ordered to pay the costs of the Minister.
If the Minister is unsuccessful, the usual rule is that
the Minister will be ordered to pay the costs of the
applicant.
A person who is exempt from payment of Court fees or
who has had these fees waived can still be ordered to
pay the costs of another party.
The amount of costs that an unsuccessful party will
be ordered to pay is usually limited to the amount set
out in the scale found in Schedule 2 of the Federal Court
Rules. A Registrar of the Court will usually be involved
in the calculation of this amount.
