Family Law Fees
A number of fees apply to Federal Magistrates Court proceedings pursuant to Schedule One of the Federal Magistrates Court Regulations 2000.
Regulation 14 specifies a biennial increase in fees.
The fees listed below were effective from 1 July 2008.
$432 Application for divorce
$155 Application (for children or property)
$155 Response, seeking different orders sought by applicant
(for children or property)
$390 Hearing fee/Setting down fee (defended matter)
Nil Child Support Application/Response |
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For matters that do not attract a fee see Regulation 7 of the Federal Magistrates Court Regulations 2000.
For more details on fees, please call 1300 352 000, or visit your nearest family law registry. |
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Fee exemption, waiver and refund
In some cases fees do not have to be paid.
Fee exemption
Regulation 8 of the Federal Magistrates Court Regulations 2000 sets out when fees may be exempted.
If you are an individual, you will not have to pay a fee 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.
Fee waiver
Regulation 9 of the Federal Magistrates Court Regulations 2000 sets out when fees may be waived.
A Registrar may waive the payment of a fee if, having regard to your income, day-to-day living expenses, liabilities and assets, he or she is satisfied that payment of the fee would cause you financial hardship.
If you want to know more, or are unsure about fees, call 1300 352 000 or visit your nearest family law registry.
Links to fee exemption, waiver and refund forms appear below.
Application exemption form: payment of court fees (Family Court of Australia web site)
Application for waiver of court fees on the basis of financial hardship (Family Court of Australia web site)
Payment of court fees – request for refund (Family Court of Australia web site)
Guidelines for waiver of court fees on the basis of financial hardship (Family Court of Australia web site)
Notice of Decision for Waiver of Court Fees on the basis of Financial Hardship (Family Court of Australia web site)
[Please note these links will take you out of this web site and into the Family Court of Australia web site. To get back to the FMC web site use the "back" button of on your
browser. Copies of these forms are provided as MS Word, RTF and PDF documents.]
See also
Fees Payable (1 July 2009) PDF
Family Law Court Fees Brochure (located on the Family Law Courts web site)
Legal Costs in Family Law Matters, |
