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Court Fees

 

 

 

 

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General Federal Law Fees

The fees listed below were effective from 1 January 2013.

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

A number of fees apply to Federal Circuit Court proceedings pursuant to Schedule 1 Part 2 of the Federal Court and Federal Circuit Court Regulation 2012.

To view the Regulation see www.comlaw.gov.au.

The fees listed below were effective from 1 January 2013

Filing an application
$1870 Publicly listed company
$1245 Corporations
$515 Others

Response
Seeking different orders sought by applicant
$1870 Publicly listed company
$1245 Corporations
$515 Others

Interlocutory – interim
$1125 Publicly listed company
$750 Corporations
$305 Others

Setting down for hearing fee*
$2245 Publicly listed company
$1495 Corporation
$615 Others
* Note: this fee is not payable for human rights applications, fair work applications alleging breach of general protections or unlawful termination and small claims proceedings in fair work and consumer credit claims.

Daily Hearing Fee*(for each hearing day, or part of a hearing day excluding the first hearing day)
$2245 Publicly listed company
$1495 Corporation
$615 Others
*Note: this fee is not payable for human rights applications, fair work applications alleging breach of general protections or unlawful termination and small claims proceedings in fair work and consumer credit claims.

*Mediation by a court officer (For each attendance)
$410
*Note: this fee is not payable for human rights applications, fair work applications alleging breach of general protections or unlawful termination and small claims proceedings in fair work and consumer credit claims.  

Filing an Application for a Review of a Registrar’s Decision
$1125 Publicly listed company
$750 Corporations
$305 Others

For the hearing of an application (including a cross-claim) under subsection 104(3) of the Federal Circuit Court Act – for each day or part of day
$2245 Publicly listed company
$1495 Corporation
$610 Others

Filing a bill of costs
$200

Issuing a subpoena
$180 Publicly listed company
$120 Corporation
$60 Others

On request, production of file and the making of a copy or copies of a document or documents in the file
$43 Production of the file
$1 For each page included in a copy made in accordance with the request

Seizure and sale of goods
$470

Consumer Law

For proceedings other than the following the general application fee applies:

Small claims

Filing of an application under Consumer Credit Protection Act 2009 if the applicant indicates they want the small claims procedure to apply
$180 If the claim is less than $10,000
$300 If the claim is between $10,000 and $20,000

Industrial Law

For proceedings other than the following the general application fee applies:

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
$64.20

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.
$64.20

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
$180 If the claim is less than $10,000
$300 If the claim is between $10,000 and $20,000

Bankruptcy

Filing an application under the Bankruptcy Act 1966
$4375 Publicly listed company
$2915 Corporation
$1215 Others

Application for substituted service of a bankruptcy notice
$490 Publicly listed company
$325 Corporation
$130 Others

For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966 to attend examination about a debtor’s examinable affairs
$600 Publicly listed company
$400 Corporation
$200 Other

Examination by a Registrar under section 50 or 81 of the Bankruptcy Act 1966 – for each day or part of a day
$2245 Publicly listed company
$1495 Corporation
$615 Other

Human Rights

Human rights (under Section 46PO or 46PP of the Human Rights and Equal Opportunity Commission Act 1986)
Filing an application
$55

Party Category and Fee Calculation

Section 2.02 of the Regulation read in conjunction with the definitions in sections 1.03 and 1.04 sets out the basis of how fees are to be calculated.  Fees for filing documents, setting down, for hearing, for mediation and for some services are calculated according to the type of body or person liable to pay them.  A publicly listed company pays the highest rate of fees.  A corporation and a public authority pay the next highest rate.  All others, including any individuals, small businesses or unincorporated not-for-profit association, pay the lowest rate.

So the Courts can assess the correct fee which applies, each party will need to complete a Party Category Information Form.

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Note: in some cases, such as if you hold certain government concession cards or you can demonstrate financial hardship, you may be exempt from the payment of court fees.

For more information on exemptions and refunds please see the links below on the Federal Court of Australia website

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

See also:

PDF printable version of the General Federal Law Fees from 1 January 2013

 

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Page Updated 12 April 2013