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Guide to applications for reduction of court fees on the basis of financial hardship
Introduction
The Federal Court of Australia Regulations 2004 and the Federal Magistrates Regulations 2000 provide that fees must be paid to the Court in certain situations, such as when filing an application, having a case set down for hearing, for a hearing and searching a Court file. The Regulations also provide that these fees may be reduced in certain circumstances.
When are you entitled to pay only a reduced flat fee instead of full fees
A Registrar or an authorised officer may approve payment of a reduced fee of $100 instead of the full fee which would otherwise be payable (or the full fee if it is less than $100) 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. For a hearing, if you would otherwise be liable to pay a setting-down fee and hearing fees and you remain eligible to pay only a reduced fee because of financial hardship you will pay the reduced fee of $100 for setting-down and nothing for hearing fees. You will however have to pay fees for copying any court document other than for a first copy of the document or for a copy required for the preparation of appeal papers.
A corporation has a similar entitlement.
The Regulations require that an assessment of eligibility be made on each occasion a full fee for filing, setting-down and hearing is payable. This means that an application form must be filled out and given or sent to the court each time and a decision made by the registrar or authorised officer.
If you had been granted a waiver of fees because of financial hardship in relation to proceedings commenced on or before 31 October 2010, that waiver will not continue after 1 November 2010. If payment of any full fees which might otherwise be payable in any proceeding (whether commenced before, on or after 1 November 2010) will cause you financial hardship you may apply for payment of reduced fees.
For proceedings commenced on or before 31 October 2010, if you were granted an exemption from payment of fees because you had been granted Legal Aid, assistance or funding under the Native Title Act 1993, held a relevant health care or concession card, were in prison or lawful detention, under the age of 18 years or in receipt of an allowance or benefit as above then that exemption will continue and you will not have to pay any filing, setting-down or hearing fees in those proceedings unless your circumstances change.
How to apply for reduced fees for financial hardship
1. Because of the differences in looking at the financial circumstances of an individual and those of a corporation, different application forms have been developed – one for an individual and one for a corporation.
2. Get the appropriate application form for your situation (either for an individual or for a corporation) for reduction of payment of court fees on the basis of financial hardship and fill it out. You can get a copy of this form from the Registry or download a copy from the Court’s website.
3. Collect the relevant papers in support of your application (more information about this is in the guide for each form below).
4. Deliver the application and papers in support to the Federal Court Registry. You can do this by bringing the documents to the Registry, or by posting or faxing them, or by lodging them electronically through eLodgment.
5. A Registrar or authorised officer will consider your application together with the accompanying information that you have provided and will decide whether you should pay a reduced fee instead of the full fee on this occasion. The Registrar or authorised officer may ask you to provide copies of further documents in support of your application before making a decision.
6. You will be given or sent notice of the decision made by the Registrar or authorised officer and, if your application for payment of a reduced fee is refused, you will be given written reasons for that decision. If you disagree with the decision, you may apply to the Administrative Appeals Tribunal for a review of the decision. The application to the Tribunal must be made within 28 days of the date of the decision.
7. Please read carefully this page and the form that is appropriate for you. As the applicant, you are responsible for making sure all your paperwork is in order. The Court’s Registry staff can only check your forms and other court papers for completeness (for example, they check for signatures, and that attachments are present and signed by an authorised person within your State or Territory) and give you information about the Court’s procedures. They cannot give you legal advice and they are not responsible for the accuracy of your documents.
How to fill in an application by an individual for reduction of court fees on the basis of financial hardship
File number
If your application relates to a new proceeding, leave this space blank. Otherwise write the file number for your case in this field.
File name
If your application relates to a new proceeding, leave this space blank. Otherwise write the file name for your case, eg Smith v Commonwealth of Australia, in this field.
Date filed
Leave this blank. Registry staff will write in the date the application was received in the Court Registry.
A Details of the individual applying for the fee reduction, court and fee type
Question 1
Write your family name (surname) and given names in the spaces provided.
Write the address to which documents for you can be sent and a daytime contact phone number in the space provided.
Write your occupation, the name of any current employer and the work address for any employment in the space provided
Question 2
Cross the appropriate box to show whether the proceedings are being dealt with by the Federal Court or the Federal Magistrates Court.
Cross the appropriate box to show whether the full fee for which the reduction is sought is a filing fee, setting-down fee, hearing fee or some other type of fee. More than one box can be crossed if the application relates to more than one fee type (eg setting-down fee and hearing fee).
B Details of income
You should read the questions and notes on the form carefully. You must provide as much relevant information as possible. If you have no income relevant to a particular field or a particular question does not apply to you write something in the field to show this (eg “Nil”, “0” or “NA”) rather than leave it blank. Attach an extra page or pages if you need more space for any of the details.
C Details of property and assets
You should read the questions and notes on the form carefully. You must provide as much relevant information as possible. If you have no property or assets relevant to a particular field or a particular question does not apply to you write something in the field to show this (eg “Nil”, “0” or “NA”) rather than leave it blank. Attach an extra page or pages if you need more space for any of the details.
D Details of expenses
You should read the questions and notes on the form carefully. You must provide as much relevant information as possible. If you have no expenses relevant to a particular field or a particular question does not apply to you write something in the field to show this (eg “Nil”, “0” or “NA”) rather than leave it blank. Attach an extra page or pages if you need more space for any of the details.
E Details of liabilities
You should read the questions and notes on the form carefully. You must provide as much relevant information as possible. If you have no liabilities relevant to a particular field or a particular question does not apply to you write something in the field to show this (eg “Nil”, “0” or “NA”) rather than leave it blank. Attach an extra page or pages if you need more space for any of the details.
F Additional information
You should provide any other information about your financial position which you believe will help the Registrar or authorised officer decide your application for reduced fees on the basis of financial hardship. Attach an extra page or pages if you need more space for any of the details.
G Affidavit
The affidavit must be signed by you in the presence of a qualified witness (eg Justice of the Peace or lawyer). The affidavit must be either sworn (ie confirmed as true by reference to the God of your religion [if any]) or affirmed (ie confirmed as true) in the presence of the witness. You should show if it was sworn or affirmed by deleting the incorrect one both in the first line of the affidavit and at its end above the box for the place and date of swearing/affirming.
The date and place of swearing/affirming must be completed and the witness must sign. The witness must also write his or her full name in the space provided and show the capacity held which qualifies them to take your oath or affirmation (eg Justice of the Peace).
You should read the affidavit carefully before you swear/affirm it. By swearing/affirming the affidavit you are stating that, to the best of your knowledge and belief, the information you have provided in the form or attached to it is true, accurate and complete. You also acknowledge that you are aware that it is an offence to provide information or a document which is false or misleading. Any person who knowingly makes an untrue representation or statement to obtain a benefit or advantage from the Commonwealth is guilty of an offence and, if found guilty, can be fined or imprisoned. You also acknowledge that if at any time while the Court is dealing with your case your circumstances change to alter the information given in your application, you will notify the Court Registry.
If you are blind, cannot read or do not speak or read English the document will need to be read out to you or translated into the language you speak by an interpreter. If this applies to you, an additional affidavit will be required from the person who will read the document out to you or translate it into your language. Contact the Court Registry for information about requirements for this additional affidavit.
How to fill in an application by a corporation for reduction of court fees on the basis of financial hardship
The person who completes the application on behalf of the corporation (including the affidavit in section C) must be authorised by the corporation to do so. This is required to be stated in the affidavit. In both section B and in the affidavit in section C that person must provide details of his or her position in the corporation.
File number
If the corporation’s application relates to a new proceeding, leave this space blank. Otherwise write the file number for the case in this field.
File name
If the corporation’s application relates to a new proceeding, leave this space blank. Otherwise write the file name for the case, eg Smith Pty Ltd v Commonwealth of Australia, in this field.
Date filed
Leave this blank. Registry staff will write in the date the application was received in the Court Registry.
A Details of the corporation applying for the fee reduction, court and fee type
Question 1
Write corporation’s correct name in the space provided.
Write the address to which documents for the corporation can be sent and a daytime contact phone number in the space provided.
As the person completing the form on behalf of the corporation, write your full name, job title and phone number of the contact person for the corporation in the space provided
Question 2
Cross the appropriate box to show whether the proceedings are being dealt with by the Federal Court or the Federal Magistrates Court.
Cross the appropriate box to show whether the full fee for which the reduction is sought is a filing fee, setting-down fee, hearing fee or some other type of fee. More than one box can be crossed if the application relates to more than one fee type (eg setting-down fee and hearing fee).
B Details of the financial position of the corporation
You should read the questions and notes on the form carefully. You must provide as much relevant information as possible. If you have no income relevant to a particular field or a particular question does not apply to you write something in the field to show this (eg “Nil”, “0” or “NA”) rather than leave it blank. Attach an extra page or pages if you need more space for any of the details, as provided for in part 8 of section B.
You must complete a Statement of Financial Position, and provide as much relevant information about the corporation’s financial situation as possible.
If you are attending the Registry in person, a photocopy will be made of the documents in support of the application for a fee reduction, which will then be returned to you. If you are sending your papers to the Registry by post, fax or eLodgment then you will need to send a copy or image of each document.
C Affidavit
As noted at the top of the Guide to this form, you need to insert into the affidavit before it is completed details of your position in the corporation. The affidavit must be signed by you in the presence of a qualified witness (eg Justice of the Peace or lawyer). The affidavit must be either sworn (ie confirmed as true by reference to the God of your religion [if any]) or affirmed (ie confirmed as true) in the presence of the witness. You should show if it was sworn or affirmed to deleting the incorrect one both in the first line of the affidavit and at its end above the box for the place and date of swearing/affirming.
The date and place of swearing/affirming must be completed and the witness must sign. The witness must also write his or her full name in the space provided and show the capacity held which qualifies them to take your oath or affirmation (eg Justice of the Peace).
You should read the affidavit carefully before you swear/affirm it. By swearing/affirming the affidavit you are stating that, you are authorised to make the affidavit on behalf of the corporation, to the best of your knowledge and belief, the information you have provided in the form or attached to it is true, accurate and complete. You also acknowledge that you are aware that it is an offence to provide information or a document which is false or misleading. Any person who knowingly makes an untrue representation or statement to obtain a benefit or advantage from the Commonwealth is guilty of an offence and, if found guilty, can be fined or imprisoned. You also acknowledge that if at any time while the Court is dealing with the case the corporation’s circumstances change to alter the information given in the corporation’s application, you will notify the Court Registry.
If you are blind, cannot read or do not speak or read English the document will need to be read out to you or translated into the language you speak by an interpreter. If this applies to you an additional affidavit will be required from the person who will read the document out to you or translate it into your language. Contact the Court Registry for information about requirements for this additional affidavit.
