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.
A filing fee applies to the following
native title forms:
For Aboriginal or Torres Strait Islander
people seeking compensation for the loss or impairment
of native title rights or interests
$2142 (Corporation)
$894 (other)
If you cannot afford this
fee you may be able to ask the Court to reduce it*. You can get a form to ask the Court to reduce payment and information about the circumstances where a reduction can be given on the Exemption and reduction of fees pages or from the Registry.
* Note: Up to October 2010, the Court could waive Court fees in some circumstances. Changes to the Federal Court of Australia Regulations 2004 introduced on 1 November 2010 means the Court can no longer waive fees; the Court can however, reduce the payment of Court fees if it will result in financial hardship.
Costs
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.
In native title the general rule is
that each party must pay their own legal costs.
