Who Must Pay Court Fees?
The body or person liable to pay fees, unless the Court, a Judge or a Registrar has directed otherwise, is:
- for filing fees - the body or person for whom a document is filed;
- for setting down and hearing fees:
- if the hearing is for a cross-claim or cross-appeal only – the cross-claimant or cross-appellant;
- if the hearing is for an interlocutory application – the body or person who makes the interlocutory application; or
- in any other case - the applicant or, in an appeal, the appellant;
- for mediation fees – the applicant in the proceeding in which the mediation is being held;
- for fees for taxation of a bill of costs – the party who has filed a notice of objection under rule 40.21, Federal Court Rules 2011, or who files a notice requesting a full taxation of the bill of costs (or, if more than one party objects to the estimate or requires a full taxation, the fee is apportioned between those parties as determined by a Registrar); and
- for fees for any other service – the person for whom the service is provided.
Only one setting down and one set of hearing fees are payable if two or more proceedings which have not been consolidated are set down for hearing together. The amount of each fee is apportioned equally between the bodies and persons otherwise liable to pay these fees for the various proceedings.
Any person requesting production of a court file for inspection and/or copying of documents from it is liable to pay the production fee and per page photocopying fees for each page copied.
However, if the person liable for that fee was a party to the proceeding that the court file relates to and:
- was either exempt generally from paying any fees in the proceeding or exempt on the basis of financial hardship from paying the most recent fee which would otherwise payable by him or her in the proceeding; and
- the copies of documents are required for the preparation of appeal papers or that person has not previously requested copies of those documents
then no photocopying fees are payable. The production fee is still payable and cannot be exempted.
Updated July 2015