Court Fees
The Federal Court and Federal Circuit Court Regulation 2012 (SLI No. 280, 2012) sets fees that are payable in proceedings in the Federal Court of Australia and the Federal Circuit Court of Australia (previously the Federal Magistrates Court) (for the Federal Circuit Court, other than proceedings under the Family Law Act 1975).
The Regulation 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 Regulation applies to any document filed or any service requested since 1 January 2013[1]. Fee rates were adjusted by the “biennial increase” provision of the Regulation (section 2.20) from 1 July 2014. Some significant changes were made to the structure of fees, exemptions and definitions as well as to fee rates from 1 July 2015 by the Federal Courts Legislation Amendment (Fees) Regulation 2015 (SLI No. 70, 2015) and the Tribunals Legislation Amendment (Amalgamation) Regulation 2015 (SLI No. 95, 2015)
Click here for a table of the fees payable in the Federal Court after 1 July 2015 for filing, setting down, hearing, mediation, taxation of bills of costs and other services. Information about fees payable in the Federal Circuit Court after that date is available on the Federal Circuit 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 that table automatically increase on 1 July 2016 and each second year after that date 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.
Updated July 2015
[1] 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.
