Federal Magistrates Court of Australia

    Court Fees

    General Federal Law Fees

    The fees listed below were effective from 1 July 2010.

    Cheques or Money orders for the payment of fees should be made payable to the Federal Magistrates Court.

    A number of fees apply to Federal Magistrates Court proceedings pursuant to Schedule One of the Federal Magistrates Court Regulations 2000. For matters that do not attract a fee, see Regulation 7 of the Federal Magistrates Court Regulations 2000.

    The fees listed below were effective from 1 July 2010.

    Filing an application
    $848 Corporations
    $426 Others

    Response
    Seeking different orders sought by applicant
    $848 Corporations
    $426 Others

    Interlocutory – interim/procedural orders
    $509 Corporations
    $254 Others

    Setting down for hearing fee*
    *for hearing of final orders of a proceeding other than a proceeding under the Bankruptcy Act 1966 or an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986)
    $1018 Corporations
    $509 Others

    Daily Hearing Fee* (for each hearing day, excluding the first hearing day)
    *for hearing of final orders of a proceeding other than a proceeding under the Bankruptcy Act 1966 or an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986)
    $1018 Corporations
    $509 Others

    Mediation by a court officer (For the first attendance)
    $338 Corporations
    $338 Others

    Review of a Registrar’s Decision
    $509 Corporations
    $254 Others

    Industrial Law

    Unlawful termination
    Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:
    (a) the applicant has been dismissed from employment in alleged contravention of Part 3-1 of that Act
    (b) the applicant alleges a breach of section 351 of that Act
    $62.40

    Filing of an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act.
    $62.40

    The fee is payable under subsection 644 (2) or (3) of the Workplace Relations Act 1996.

    Small claims
    Filing of an application under section 548 of the Fair Work Act 2009 if the applicant indicates they want the small claims procedure to apply
    $150 If the claim is less than $10,000
    $250 If the claim is between $10,000 and $20,000

    Bankruptcy

    Filing an application under the Bankruptcy Act 1966
    $1983 Corporations
    $828 Others

    Application for substituted service of a bankruptcy notice
    $221 Corporations
    $110 Others

    Human Rights

    Human rights (under Section 46PO or 46PP of the Human Rights and Equal Opportunity Commission Act 1986)
    Filing an application
    $54

    Fee Reduction

    In some cases fees can be reduced.

    Fee reduction – general

    Regulation 8D of the Federal Magistrates Court Regulations 2000 sets out some circumstances when fees may be reduced.

    If you are an individual, you will be eligible for a fee reduction if you

    • have been granted Legal Aid
    • hold a health care card
    • hold a pensioner concession card
    • hold a Commonwealth seniors health card
    • hold another card issued by the Department of Family and Community Services or the Department of Veterans' Affairs
    • are an inmate of a prison or are otherwise lawfully detained
    • are a child under the age of 18 years
    • are in receipt of Youth Allowance or Austudy or
    • are receiving benefit under ABSTUDY.

    Please see Regulation 9 for other circumstances in which you may be eligible for a reduced fee.

    Fee reduction on the grounds of financial hardship

    Regulation 9 of the Federal Magistrates Court Regulations 2000 sets out when fees may be reduced on the grounds of financial hardship.

    A registrar or authorised officer may reduce the fee if, having regard to your income, day-to-day living expenses, liabilities and assets, he or she is satisfied that payment of the full fee would cause you financial hardship.

    If you want to know more, or are unsure about fees, you can ask registry staff at the Court.

    Links to fee reduction and refund forms appear below.

    Application for Reduction of Payment of Court Fees - General,

    Reduction of Court Fees on the Basis of Financial Hardship

    [Please note these links will take you out of this website and into the Federal Court of Australia website. To get back to the FMC website use the ’back’ button of on your browser.]

See also

Fees Payable (1 July 2011) (PDF)

Legal Costs in General Federal Law Matters