When Are Court Fees Not Payable?

Fees are not payable for:

  • an appeal from a judgment in relation to an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986;
  • an appeal from a judgment in relation an application made by a person under section 539 of the Fair Work Act 2009 where, either:
    • the person has been dismissed from employment in alleged contravention of Part 3-1 of that Act; or
    • the person alleges a breach of section 351 of that Act;
  • an appeal from a judgment in relation an application made by a person under section 539 of the Fair Work Act 2009 if the person has been dismissed from employment in alleged contravention of section 772 of that Act;
  • the trying of an election petition under the Aboriginal and Torres Strait Islander Act 2005;
  • an application by a person to set aside a subpoena;
  • a proceeding under the Child Support (Registration and Collection) Act 1988 (other than proceedings relating to child support which are by way of appeal from the Administrative Appeals Tribunal or under the Administrative Decisions (Judicial Review) Act 1977);
  • an appeal on a question of law from a decision of the Administrative Appeals Tribunal in a child support first review under subsection 44(1) of the Administrative Appeals Tribunal Act 1975;
  • a proceeding for which an international convention to which Australian is party provides that no fee is to be payable; and
  • an application under section 23 of the International Arbitration Act 1974 for the issue of a subpoena requiring the attendance before or production of documents to an arbitrator (or both).

In addition, filing fees, setting down fees and hearing fees are not payable for:

  • a proceeding in relation to a criminal matter;
  • a proceeding in relation to a case stated, or a question reserved, for the consideration or opinion of the Federal Court;
  • a proceeding in relation to a referral to the Federal Court of a question of law by a tribunal or body that, under a law of the Commonwealth, may refer questions of law to the Court; and
  • an application to the Federal Court for an extension of time within which a particular proceeding may be commenced.

If there are multiple appeals to the Court (or from a single judge of the Court to a Full Court) under section 14ZZ of the Taxation Administration Act 1953 or from a decision of the Taxation and Commercial Division of the Administrative Appeals Tribunal in circumstances where a Registrar is satisfied that each appeal is by the same body or person, is the same kind of proceeding and raises substantially the same issues, fees are payable only in one of those appeals.
Fees are not payable after the initial filing fee, as mentioned below, in relation to:

  • an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986 after payment of the filing fee referred to in item 102 of Schedule 1 to the Federal Court and Federal Circuit Court Regulation 2012 (currently $55);
  • an application made by a person under section 539 of the Fair Work Act 2009 where, either:
    • the person has been dismissed from employment in alleged contravention of Part 3-1 of that Act; or
    • the person alleges a breach of section 351 of that Act

after payment of the filing fee referred to in item 103 of Schedule 1 to the Regulation (currently $68.60); and

  • an application made by a person under section 539 of the Fair Work Act 2009 if the person has been dismissed from employment in alleged contravention of section 772 of that Act after payment of the filing fee referred to in item 104 of Schedule 1 to the Regulation (currently $68.60).

No setting down fees are payable for an interlocutory application.
No setting down fees or hearing fees are payable in proceedings under the Bankruptcy Act 1966 or for admission to practice as a barrister and/or solicitor.
No hearing fees are payable:

  • if the sole purpose of the hearing is for the Court to deliver a reserved judgment; or
  • the hearing is cancelled before the fee is paid.

No filing fees are payable for a proceeding in relation to a matter remitted to the Federal Court by the High Court under the Judiciary Act 1903 and no setting down fees or hearing fees are payable for a proceeding in relation to a matter remitted to the Federal Court by the High Court of Australia under the Judiciary Act 1903 that:

  • was commenced in the High Court before 1 November 2004; or
  • was remitted by the High Court in its appellate jurisdiction for re-hearing by the Federal Court.

No filing fees are payable for a proceeding in relation to matter referred to the Federal Court by the High Court under subsection 354(1) of the Commonwealth Electoral Act 1918.

Updated July 2015