If you have arrived at this page from eLodgment, please download, complete then save your form before uploading it to eLodgment.
Guide to an application for reduction of payment of court fees - general
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 ‘one off’ flat fee
For proceedings commenced on or after 1 November 2010, you are entitled to apply for a ‘reduction of payment of court fees – general’ and pay only a ‘one off’ flat fee of $100 on the first occasion a full fee would otherwise be payable (or the full fee if it is less than $100) if you:
have been granted Legal Aid;
have been granted assistance by a registered body to bring proceedings in the Federal Court under Part 11 of the Native Title Act 1993 or have been granted funding to perform some functions of a representative body under section 203FE of that Act
hold a health care card;
hold a pensioner concession card;
hold a Commonwealth seniors health card;
hold another card issued by the Department of Families, Housing, Community Services and Indigenous Affairs or the Department of Veterans’ Affairs entitling you to Commonwealth health concessions;
are an inmate of a prison or are otherwise lawfully detained;
are under the age of 18 years;
are in receipt of youth allowance or Austudy; or
are receiving benefit under ABSTUDY.
If you fit within one of these categories you are eligible to pay the ‘one off’ reduced fee and then you will not have to pay any further filing, setting-down or hearing fees in those proceedings unless your circumstances change. 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.
For proceedings commenced on or before 31 October 2010, if you were granted an exemption from payment of fees because you fit one of those categories mentioned 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. 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 which has been granted Legal Aid or similar assistance or funding under the Native Title Act 1993 has the same entitlements.
How to apply for reduced fee - general
1. Get an application for reduction of payment of court fees – general and fill it out. You can get a copy of this form from the Registry or download a copy from the Court’s website.
2. Collect the relevant papers in support of your application (more information about this is set out below).
3. 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.
4. A Registrar or an authorised officer will consider your application together with the accompanying information that you have provided and will decide whether you are entitled to pay only the reduced fee - general. The Registrar or authorised officer may ask you to provide copies of further documents in support of your application.
5. If your application is granted you will be given or sent a copy of the application with the Registrar’s or authorised officer’s signed approval shown. If it 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.
6. Please read this guide and the form carefully. As the applicant, you are responsible for making sure all your paperwork is in order. The Court’s Registry staff can 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 your Application for Reduction of Payment of Court Fees - General
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 there the date the application was received in the Court Registry.
Details
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.
Question 2
Cross the appropriate box to show whether the proceedings are being dealt with by the Federal Court or the Federal Magistrates Court. The form shows that the reduced fee (if approved) will be instead of all filing, setting-down and hearing fees otherwise payable.
Question 3
Cross the box to show the ground on which you base your application for a fee reduction.
If a legal aid organisation has given you a grant of Legal Aid, then you must provide a letter or a photocopy of a letter from the organisation indicating the extent to which aid has been granted. A registry client service officer can show you the list of legal aid schemes covered by this exemption.
If a registered body has given you assistance under Part 11 of the Native Title Act 1993 or you have been given funding under section has section 203FE of that Act to perform some functions of a representative body, then you must provide a letter or a photocopy of a letter from the registered body or the Departmental Secretary or his or her delegate indicating the extent to which the assistance or funding has been granted. A registry client service officer can show you the list of registered bodies under the Native Title Act 1993.
If you are relying on a benefit or other card, you must produce the card to the registry. Please check that any card you provide as proof, such as a health care card, is current. If you are attending the registry in person, a photocopy will be made of the card, which will then be returned to you. If you are sending your papers to the registry by post, fax or by eLodgment then you will need to send a copy or image of the card. Please ensure you supply a copy of both sides of the card.
Signature
You must sign and date the application form.
By signing the form you acknowledge that, to the best of your knowledge and belief, the information you have provided is true. 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.
If at any time while the Court is dealing with your case your circumstances change to alter the information given in your application, you must notify the Court Registry.
