Home Forms, filing, fees and costs Fees and costs

Refund of setting down and hearing fees

The Federal Court of Australia Regulations provide that a person who has paid a setting down fee is entitled to a refund of the fee if:

• the Registrar is given a complying notice in relation to a hearing, and the hearing does not occur; or
• the Registrar is given a complying notice in relation to a hearing, and the hearing occurs solely for the purpose of making formal orders; or
• the fee is not payable, because the person has a fee exemption or fee waiver.

A complying notice is a notice to the effect that the hearing of the application or appeal will not proceed, that is given to the Registrar:

• if the hearing day was fixed later than 10 working days in advance - no later than 2 working days before the hearing day; or
• in any other case - no later than 10 working days before the hearing day.

Request for refund of a fee where there is a complying notice

The regulations also provide that the Registrar may refund a hearing fee if, although no complying notice has been given to the Registrar:

• the hearing does not proceed or proceeds solely for the purpose of making formal order; and
• the Registrar is satisfied that the failure to provide a complying notice did not arise out of any fault on the part or the person who paid the hearing fee.

Request for refund of a fee where there is no complying notice.

back to top