The Federal Court and Federal Circuit and Family Court Regulations 2022 (the Regulations) sets fees that are payable in proceedings in the Federal Court of Australia. They also set the fees for the Federal Circuit and Family Court of Australia, other than proceedings under the Family Law Act 1975.
The Regulations also sets fees for the service and execution of process of the Courts and contain provisions in relation to the administration of fees: including how fees are calculated, who is liable to pay fees, proceedings which do not attract fees, exemptions, when fees are payable, deferrals, what happens if fees are not paid and refunds.
The Regulations applies to any document filed or any service requested since 1 January 2013. Some significant changes were made to the fee rates from 1 July 2018 by the Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations 2018.
Information about fees payable in the Federal Circuit and Family Court after that date is available on the Federal Circuit and Family Court's website.
Fees for filing, setting down, hearing, mediation, taxation of bills of costs and other services (except filing fees for human rights applications) set out in the Regulations increase periodically under a formula to adjust for upwards movement in the All Groups Consumer Price Index.
No GST applies to Federal Court fees as a result of determinations made under section 81-5 A New Tax System (Goods and Services Tax) Act 1999.
Note: The Federal Court of Australia Regulations 2004 as in force before 1 January 2013 (the old Regulations) continue to apply to:
- a refund of a setting-down fee paid before 1 January 2013; and
- any fee for a service requested under the old Regulations before 1 January 2013.