Fees Payable

To 30 June 2016 | From 1 July 2016

To 30 June 2016

Filing and other fees prescribed in Schedule 1 – Part 1 Federal Court and Federal Circuit Court Regulation 2012

Notes:

1. Other than for items 112, 113, 121A and 127:
(a) "corporation" includes a publicly listed company and any other corporation; and
(b) public authorities, small businesses and not-for-profit associations are regarded as "other"
2. For items 112, 113, 121A and 127, publicly listed companies pay the highest rate of fees, corporations and public authorities both pay the middle rate and all others pay the lowest rate
3. Some court fees may be exempted or payment time deferred in some circumstances
4. Court fees are GST exempt
5. Fees (other than 102, 103, 104, 107 and 124) subject to biennial increase
6. The prescribed fees as below apply to:
(a) all documents filed on or after 1 July 2015;
(b) setting down, hearing and mediation fees fixed on or after 1 July 2015; and
(c) any other fee for a service that is provided in relation to a proceeding on or after 1 July 2015.
7. The prescribed fees in force up to including 30 June 2015, however, apply to setting down, hearing and mediation fees fixed on or before that date.

Item No.Document or serviceFees
CorporationOther
101Filing of a document by which a proceeding in the Federal Court is commenced, other than: a proceeding or application mentioned in items 102 to 104, 112, 113 or 115 to 115B; or an appeal from a judgment of a court; or an application for leave or special leave to appeal; or an incidental proceeding in the course of, or in connection with, a proceeding; or an application under the Trans-Tasman Proceeding Act 20103,650.001,255.00
102Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 198655.0055.00
103Filing 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 The fee prescribed for subsection 395(2) of the Fair Work Act 2009 for the filing of the application [currently 68.60]
104Filing 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 ActThe fee prescribed for subsection 395(2) of the Fair Work Act 2009 for the filing of the application [currently 68.60]
 CorporationOther
105Filing of a bill of costs405.00405.00
106Filing an affidavit or other document originating an application for leave or special leave to appeal3,640.001,685.00
107Filing of a notice of appeal commencing an appeal from a judgement of a court if no fee has been paid under item 1069,100.00 [The total of the fees in items 106 and 109 payable by a corporation]4,215.00
[The total of the fees in items 106 and 109 payable by "other"]
108Filing of a notice of appeal commencing an appeal from a decision of the Administrative Appeals Tribunal9,095.004,215.00
109Filing of a notice of appeal in a proceeding in relation to which a fee has been paid under item 1065,460.002,530.00
110Filing of an application to review a decision of the Registrar of the Federal Court under subsection 35A(5) of the Federal Court Act1,485.00610.00
111Filing of:
(a) an interlocutory application, other than an interlocutory application mentioned in another item; or
(b) an application under the Trans-Tasman Proceeding Act 2010, other than an application mentioned in item 115C
1,120.00455.00
 Publicly listed companyCorporation/ Public AuthorityOther
112Filing of a document by which a proceeding in the Federal Court under the Bankruptcy Act 1966 is commenced5,075.003,385.001,410.00
113Filing of an application for an order for substituted service of a bankruptcy notice1,130.00750.00310.00
 CorporationOther
114Filing of a cross-claim3,650.001,255.00
115Filing of an urgent application without notice, by a person (the prospective applicant) who intends to commence a proceeding, for any of the following:
(a) if the proceeding relates to property — an order:
(i) for the detention, custody, preservation or inspection of property; or
(ii) to authorise a person to enter land, or do an act or thing, to give effect to the order;
(b) if the proceeding relates to the right of the prospective applicant to an amount in a fund — an order that the amount in the fund be paid into the Federal Court or otherwise secured
6,385.002,320.00
115AFiling of an application, including an interlocutory application, for an order:
(a) restraining a person from removing, disposing of, dealing with , or diminishing the value of, assets; or
(b) for the purposes of preventing the frustration or inhibition of the Court's process by seeking to meet a danger that a judgement or prospective judgement of the Court will be wholly or partly unsatisfied
6,385.002,320.00
115BFiling of an application, including an interlocutory application, for an order for the purpose of securing or preserving evidence and requiring a person to permit other persons to enter premises for the purpose of securing the preservation of evidence that is, or may be, relevant to an issue in a proceeding or anticipated proceeding6,385.002,320.00
115CFiling of an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010110.00110.00
116Setting down for hearing a proceeding (including an application, appeal, cross-claim or cross-appeal) or an issue in question in a proceeding6,090.002,505.00
117For the hearing of an application (including a cross-claim) under subsection 35A(5) of the Federal Court Act — for each day or part of a day2,435.00995.00
118For the hearing of an application (including a cross-claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application; or
(c) an appeal (including a cross-appeal);
for the 2nd, 3rd and 4th days, or part of those days
2,435.00995.00
119For the hearing of an application (including a cross-claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application;
(c) or an appeal (including a cross-appeal);
for the 5th, 6th, 7th, 8th and 9th days, or part of those days
4,385.001,660.00
120For the hearing of an application (including a cross-claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application; or
(c) an appeal (including a cross-appeal);
for the 10th,11th, 12th, 13th and 14th days or part of those days
8,645.003,340.00
121For the hearing of an application (including a cross-claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application; or
(c) an appeal (including a cross-appeal);
for the 15th and subsequent days, or part of the 15th and subsequent days
12,970.005,010.00
 Publicly listed companyCorporation/ Public AuthorityOther
121AFor the hearing for an examination by a Registrar of the Federal Court under section 50 or 81 of the Bankruptcy Act 1966 - for each day or part of a day 3,660.002,435.00995.00
 CorporationOther

122
For the hearing for an examination by a Registrar of the Federal Court under Division 1 of Part 5.9 of the Corporations Act 2001 - for each day or part of a day 2,435.00995.00
123On request, production of file of the Federal Court and the making of a copy or copies of a document or documents in the file (regardless of the number of documents to which the request relates)(a) for the production of the file50.00
(b) for each page included in a copy made in accordance with the request1.00
124For each service or execution, or attempted service or execution, of process of the Federal Court by an officer of the Federal Court An amount equal to:
(a) the amount of any expenses reasonably incurred by the officer in the service or execution, or attempted service or execution, of the process; and
(b) a charge worked out at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution
 CorporationOther
125For the seizure and sale of goods by an officer of the Federal Court in the execution of the process of the court (except in relation to a proceeding under the Admiralty Act 1988)1,090.001,090.00
126For issuing a subpoena210.00105.00
 Publicly listed companyCorporation/ Public AuthorityOther
127For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966, to attend examination about a debtor's examinable affairs700.00460.00230.00
 CorporationOther
128For taxation of a bill of costs in which the amount claimed in the bill is $10,000 or less1,190.001,190.00
129For taxation of a bill of costs in which the amount claimed in the bill is more than $10,000 and no more than $100,0004,065.004,065.00
130For taxation of a bill of costs in which the amount claimed in the bill is more than $100,000 and no more than $500,000 4,640.004,640.00
131For taxation of a bill of costs in which the amount claimed in the bill is more than$500,000 5,225.005,225.00
132For mediation by an officer of the Federal Court — for each attendance at the mediation 1,905.00815.00

Updated July 2015

From 1 July 2016

Filing and other fees prescribed in Schedule 1 – Part 1 Federal Court and Federal Circuit Court Regulation 2012

1. Other than for items 112, 113, 121A and 127:
(a) "corporation" includes a publicly listed company and any other corporation; and
(b) public authorities, small businesses and not-for-profit associations are regarded as "other"
2. For items 112, 113, 121A and 127, publicly listed companies pay the highest rate of fees, corporations and public authorities both pay the middle rate and all others pay the lowest rate
3. Some court fees may be exempted or payment time deferred in some circumstances
4. Court fees are GST exempt
5. Fees (other than 102, 103, 104, 107 and 124) subject to biennial increase

Item No.Document or serviceFees
CorporationOther
101

Filing of a document by which a proceeding in the Federal Court is commenced, other than:
(a) a proceeding or application mentioned in items 102 to 104, 112, 113 or 115 to 115B; or
(b) an appeal from a judgment of a 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; or
(e) an application under the Trans-Tasman Proceeding Act 2010

3,745.001,290.00
102Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 198655.0055.00
103

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

The fee prescribed for subsection 395(2) of the Fair Work Act 2009 for the filing of the application

[currently 69.60]
104Filing 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

The fee prescribed for subsection 395(2) of the Fair Work Act 2009 for the filing of the application

[currently 69.60]
  CorporationOther
105

Filing of a bill of costs

415.00415.00
106Filing an affidavit or other document originating an application for leave or special leave to appeal3,735.001,730.00
107Filing of a notice of appeal commencing an appeal from a judgement of a court if no fee has been paid under item 106

9,340.00

[The total of the fees in items 106 and 109 payable by a corporation]

4,325.00

[The total of the fees in items 106 and 109 payable by “other”]
108Filing of a notice of appeal commencing an appeal from a decision of the Administrative Appeals Tribunal9,335.004,325.00
109Filing of a notice of appeal in a proceeding in relation to which a fee has been paid under item 1065,605.002,595.00
110Filing of an application to review a decision of the Registrar of the Federal Court under subsection 35A(5) of the Federal Court Act1,525.00625.00
111

Filing of:
an interlocutory application, other than an interlocutory application mentioned in another item; or

an application under the Trans-Tasman Proceeding Act 2010, other than an application mentioned in item 115C
1,150.00465.00
 Publicly listed companyCorporation/ Public AuthorityOther
112Filing of a document by which a proceeding in the Federal Court under the Bankruptcy Act 1966 is commenced5,210.003,475.001,445.00
113Filing of an application for an order for substituted service of a bankruptcy notice1,160.00770.00320.00
 CorporationOther
114Filing of a cross-claim3,745.001,290.00
115

Filing of an urgent application without notice, by a person (the prospective applicant) who intends to commence a proceeding, for any of the following:
(a) if the proceeding relates to property — an order:
(i) for the detention, custody, preservation or inspection of property; or
(ii) to authorise a person to enter land, or do an act or thing, to give effect to the order;
(b) if the proceeding relates to the right of the prospective applicant to an amount in a fund — an order that the amount in the fund be paid into the Federal Court or otherwise secured

6,555.002,380.00
115A

Filing of an application, including an interlocutory application, for an order:
(a) restraining a person from removing, disposing of, dealing with , or diminishing the value of, assets; or
(b) for the purposes of preventing the frustration or inhibition of the Court’s process by seeking to meet a danger that a judgement or prospective judgement of the Court will be wholly or partly unsatisfied

6,555.002,380.00
115BFiling of an application, including an interlocutory application, for an order for the purpose of securing or preserving evidence and requiring a person to permit other persons to enter premises for the purpose of securing the preservation of evidence that is, or may be, relevant to an issue in a proceeding or anticipated proceeding6,555.002,380.00
115CFiling of an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010115.00115.00
116Setting down for hearing a proceeding (including an application, appeal, cross-claim or cross-appeal) or an issue in question in a proceeding6,250.002,570.00
117For the hearing of an application (including a cross-claim) under subsection 35A(5) of the Federal Court Act — for each day or part of a day2,500.001,020.00
118

For the hearing of an application (including a cross-claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application; or
(c) an appeal (including a cross-appeal);
for the 2nd, 3rd and 4th days, or part of those days

2,500.001,020.00
119

For the hearing of an application (including a cross-claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application; or
(c) an appeal (including a cross-appeal);
for the 5th, 6th, 7th, 8th and 9th days, or part of those days

4,500.001,705.00
120

For the hearing of an application (including a cross-claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application; or
(c) an appeal (including a cross-appeal);
for the 10th, 11th, 12th, 13th and 14th days or part of those days

8,875.003,430.00
121

For the hearing of an application (including a cross-claim) other than:
(a) an application mentioned in item 117; or
(b) an issue or question in such an application; or
(c) an appeal (including a cross-appeal);
for the 15th and subsequent days, or part of the 15th and subsequent days

13,315.005,145.00
 Publicly listed companyCorporation/ Public AuthorityOther
121A

For the hearing for an examination by a Registrar of the Federal Court under section 50 or 81 of the Bankruptcy Act 1966 - for each day or part of a day

3,755.002,500.001,020.00
 CorporationOther

122
For the hearing for an examination by a Registrar of the Federal Court under Division 1 of Part 5.9 of the Corporations Act 2001 - for each day or part of a day2,500.001,020.00
123On request, production of file of the Federal Court and the making of a copy or copies of a document or documents in the file (regardless of the number of documents to which the request relates)

for the production of the file

50.00
for each page included in a copy made in accordance with the request1.00
124For each service or execution, or attempted service or execution, of process of the Federal Court by an officer of the Federal Court

An amount equal to:
the amount of any expenses reasonably incurred by the officer in the service or execution, or attempted service or execution, of the process; and

a charge worked out at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution
 CorporationOther
125For the seizure and sale of goods by an officer of the Federal Court in the execution of the process of the court (except in relation to a proceeding under the Admiralty Act 1988)1,120.001,120.00
126For issuing a subpoena215.00110.00
 Publicly listed companyCorporation/ Public AuthorityOther
127For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966, to attend examination about a debtor’s examinable affairs720.00470.00235.00
 CorporationOther
128For taxation of a bill of costs in which the amount claimed in the bill is $10,000 or less1,220.001,220.00
129For taxation of a bill of costs in which the amount claimed in the bill is more than $10,000 and no more than $100,0004,175.004,175.00
130

For taxation of a bill of costs in which the amount claimed in the bill is more than $100,000 and no more than $500,000

4,765.004,765.00
131For taxation of a bill of costs in which the amount claimed in the bill is more than$500,0005,365.005,365.00
132For mediation by an officer of the Federal Court — for each attendance at the mediation1,955.00835.00