The Federal
Court of Australia Regulations 2004 provide that fees will be payable in accordance with Schedule 1. It is important to note that the fees may be exempted or waived in certain situations.
The following table is a summary of the relevant parts of the Schedule, with an additional table identifying the forms that may be used.
Schedule Item No 1:
Document or service: Filing of a document by which a proceeding in the Court is commenced, except:
(a) a proceeding or application mentioned in item 2 or 3 or 11; or
(b) an appeal from a judgment of the Court or of another court; or
(c) an application for leave or special leave to appeal; or (d) an incidental proceeding in the course of, or in connection with, a proceeding.
Fee: If a corporation
is liable to pay the fee: $1881.00. In any other case:
$785.00.
Notice of appeal from a Tribunal decision by the: Administrative Appeals Tribunal; Superannuation Complaints Tribunal; or Australian Competition Tribunal under the Moomba-Sydney Pipeline System Sale Act 1994.
Application for
determination of the terms for the doing of an act
in relation to an eligible layout under sub-section
25(4)
of the Circuit Layouts Act
1989
Application and claim under HREOC Act alleging
unlawful discrimination
Schedule Item No. 3:
Document
or service: Filing
of an application under section 663 (formerly section 170CP) of the Workplace
Relations Act 1996 (where the conduct in question occurred prior to 1 July 2009). Fee: $59.50 (Being the fee payable under subsection 644(2) or (3) of the Workplace Relations Act 1996)
Application and claim of Unlawful Termination of Employment
Document
or service: 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.
Fee: $59.50 (Being the fee payable under subsection 395(2) of that Act)
Application and Claim under the Fair Work Act 2009 alleging discrimination
Note: This item applies where the conduct in question occurred on or after 1 July 2009.
Schedule Item No. 3A:
Document
or service: 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 Fee: $59.50 (Being the fee payable under subsection 395(2) of that Act)
Document
or service: Filing an affidavit or other document originating an application for leave or special leave to appeal. Fee: If a corporation
is liable to pay the fee: $1250.00, in any other case:
$625.00
Document
or service: Filing of a notice of appeal instituting an appeal from a judgment of the Court or another court where no fee has been paid under item 5. Fee: If a corporation
is liable to pay the fee: $3135.00, in any other case:
$1569.00
Document
or service: Filing of a notice of appeal instituting an appeal from a decision of the Administrative Appeals Tribunal. Fee: If a corporation
is liable to pay the fee: $3135.00, in any other case:
$1569.00
Document
or service: Filing of a notice of appeal in a proceeding in relation to which a fee has been paid under item 5. Fee: If a corporation
is liable to pay the fee: $1885.00, in any other case:
$942.00
Document
or service:Filing of an application to review a decision of the Registrar under subsection 35A(5) of the Act. Fee: If a corporation
is liable to pay the fee: $767.00, in any other case:
$383.00
Document
or service: Filing of a notice of motion or interlocutory process. Fee: If a corporation
is liable to pay the fee: $577.00, in any other case:
$288.00
Document or service: Filing of an application for an order for substituted service of a bankruptcy notice. Fee:If
a corporation is liable to pay the fee: $385.00, in
any other case: $193.00
Defence and Cross-Claim against a Party [If cross-claim made]
Schedule Item No. 13:
Document
or service: Setting down fee for hearing a proceeding (including an application, appeal, cross-claim or cross-appeal) or an issue in question in a proceeding.
Fee: If
a corporation is liable to pay the fee: $3135.00, in
any other case: $1569.00
Schedule Item No. 14:
Document
or service: For the hearing of an application (including a cross-claim) under subsection 35A(5) of the Act (review of exercise of power of the Registrar) – for each half day or part of a half day. Fee: If a corporation
is liable to pay the fee: $626.00, in any other case:
$313.00
Schedule Item No. 15:
Document
or service: For the hearing of an application (including a cross-claim) other than an application mentioned in item 14, an issue or question in such an application or an appeal (including a cross-appeal) – for each day or part of a day after the first day of hearing. Fee: If a corporation
is liable to pay the fee: $1254.00, in any other case:
$625.00
Schedule Item No. 16:
Document
or service: On request, making of a copy or copies of a document or documents filed in, or lodged with, or produced to, the Court (regardless of the number of documents to which the request relates). Fee: For the request
$3.00. For each page included in a copy made in accordance
with the request $1.00
Schedule Item No. 17:
Document
or service: For each service or execution, or attempted service or execution, of the process of the Court by an officer of the Court. Fee: An amount equal to the amount of any expenses reasonably incurred by that officer in the service or execution, or attempted service or execution, of the process of the Court, together with a charge calculated at the hourly rate of salary payable to an officer of the Court for the time involved in the service or execution, or attempted service or execution.
Schedule Item No. 18:
Document
or service: For the seizure and sale of goods by an officer of the Court in the execution of the process of the Court (except in relation to a proceeding under the Admiralty Act 1988). Fee: $682.00
Schedule Item No. 19:
Document
or service :
For issuing a subpoena to produce or give evidence. Fee: $64.00
Subpoena for production and to give evidence [O
69A]
Schedule Item No. 20:
Document
or service :
For taxation of a bill of costs in which the amount claimed in the bill is $10,000 or less. Fee: $745.00
Schedule Item No. 21:
Document
or service:
For taxation of a bill of costs in which the amount claimed in the bill is more than $10,000. Fee: $1788.00
Schedule Item No. 22:
Document
or service :
For mediation by a court officer – for the first attendance at the mediation. Fee: If a corporation
is liable to pay the fee: $785.00, in any other case:
$392.00
Schedule Item No. 23:
Document
or service :
On request, production of files of the Court relating to a proceeding or purported proceeding (unless the request is by, or on behalf of, a party to the proceeding or purported proceeding) for search and inspection. Fee: $31.00
