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This gazette
Administered by: Attorney-General's
Published Date 04 Jun 2019

 

Title: Australian Government Attorney-General's Department crest
Annual federal courts and tribunals fee increases from 1 July 2019

 

High Court of Australia fees

Pursuant to section 16 of the High Court of Australia (Fees) Regulations 2012, from 1 July 2019 the fee prescribed for each item of Schedule 1 to those Regulations will be the amount listed below.

 

Item

Document or service

High Court fee

Filing fees

101

Application for an order to show cause in relation to a writ of certiorari, a writ of mandamus, a writ of habeas corpus, an order for production, a writ of prohibition or an information of quo warranto or similar relief

(a) for a publicly listed company

$15,235

(b) for a corporation

$10,150

(c) in any other case

$3,365

(d) financial hardship fee

$1,120

102

Writ of summons or petition

(a) for a publicly listed company

$15,235

(b) for a corporation

$10,150

(c) in any other case

$3,365

(d) financial hardship fee

$1,120

103

Civil leave or civil special leave application

(a) for a publicly listed company

$15,235

(b) for a corporation

$10,150

(c) in any other case

$3,365

(d) financial hardship fee

$1,120

104

Criminal special leave application

(a) general fee

$140

(b) financial hardship fee

$47

105

Application initiating a proceeding (including removals under section 40 of the Act, but not including an application mentioned in another item of this Schedule)

(a) for a publicly listed company

$15,235

(b) for a corporation

$10,150

(c) in any other case

$3,365

(d) financial hardship fee

$1,120

106

Civil notice of appeal

(a) for a publicly listed company

$15,235

(b) for a corporation

$10,150

(c) in any other case

$3,365

(d) financial hardship fee

$1,120

107

Criminal notice of appeal

(a) general fee

$805

(b) financial hardship fee

$270

Hearing fees

108

For the hearing before the Full Court of a notice of appeal in relation to a criminal proceeding

(a) general fee

$1,350

(b) financial hardship fee

$450

109

For the hearing in relation to a proceeding before the Full Court, other than an application for leave or special leave to appeal, a criminal appeal or an application for removal under section 40 of the Act
—for the first day of the hearing

(a) for a publicly listed company

$20,670

(b) for a corporation

$13,775

(c) in any other case

$5,655

(d) financial hardship fee

$1,885

110

For the hearing in relation to a proceeding before the Full Court, other than an application for leave or special leave to appeal, a criminal appeal or an application for removal under section 40 of the Act
—for each day or part of a day (not including the first day of the hearing)

(a) for a publicly listed company

$6,880

(b) for a corporation

$4,590

(c) in any other case

$1,880

(d) financial hardship fee

$625

111

For the hearing before a single Justice of: (a)  an application for an order to show cause in relation to a writ of certiorari, a writ of mandamus, a writ of habeas corpus, an order for production, a writ of prohibition or an information of quo warranto or similar relief; or (b)  a petition; or (c)  a writ of summons; or (d)  a summons (other than a summons for directions or a summons mentioned in rule 25.03.1 of the Rules); for each half day or part of a half day

(a) for a publicly listed company

$2,300

(b) for a corporation

$1,530

(c) in any other case

$635

(d) financial hardship fee

$210

201

Searching or inspecting a document mentioned in rule 4.07.4 of the Rules—for each hour or part of an hour

 

$27

202

Making a photocopy or office copy of any document—for each page

 

$4

203

Copy of reasons for judgement:

(a)   for each copy issued to a person not a party to the proceedings

$4

(b)   for each copy after the first copy issued to a party to the proceeding

$4

(c)(i) for each page in excess of 10 pages

$1

(c)(ii)   maximum per copy

$60

204

Annual subscription for copies of reasons for judgements

 

$1,085

205

Copy of transcript of proceedings prepared by the Court Reporting Service—for each page

 

$16

206

Certificate of a Registrar other than a certificate of taxation

 

$90

207

Taxing a bill of costs for every $100, or part of $100

 

$20

208

Responding to a request about whether a named person is involved in proceedings before the Court—up to 10 names

 

$27

 

Federal Court of Australia fees

Pursuant to section 2.20 of the Federal Court and Federal Circuit Court Regulation 2012, from 1 July 2019 the fee prescribed for each item of Schedule 1 to those Regulations will be the amount listed below. Note that section 2.20 excludes from the biennial fee increase the fees mentioned in items 102, 103, 104 and 124 (items 103 and 104 are increased in accordance with the Fair Work Regulations 2009).

 

Item

Document or service

Federal Court fee

101

Filing of a document by which a proceeding in the Federal Court is commenced, other than: (a)  a proceeding or application mentioned in item 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 Proceedings Act 2010

(a) for a corporation

$4,100

(b) in any other case

$1,410

102

Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986

 No biennial increase

$55

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 under subsection 395(2) of the Fair Work Act 2009.

Increased in accordance with the Fair Work Regulations 2009

TBC

104

Filing 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 under subsection 395(2) of the Fair Work Act 2009.

Increased in accordance with the Fair Work Regulations 2009

TBC

105

Filing of a bill of costs

 

$450

106

Filing of an affidavit or other document originating an application for leave or special leave to appeal

(a) for a corporation

$4,090

(b) in any other case

$1,895

 

107

Filing of a notice of appeal commencing an appeal from a judgment of a court if no fee has been paid under item 106

(a) for a corporation–an amount equal to the sum of the fees mentioned in items 106 and 109 for a corporation

$10,235

(b) in any other case–an amount equal to the sum of the fees mentioned in items 106 and 109 for a person other than a corporation

$4,735

108

Filing of a notice of appeal commencing an appeal from a decision of the Administrative Appeals Tribunal

(a) for a corporation

$10,230

(b) in any other case

$4,735

109

Filing of a notice of appeal in a proceeding in relation to which a fee has been paid under item 106

(a) for a corporation

$6,145

(b) in any other case

$2,840

110

Filing of an application to review a decision of the Registrar of the Federal Court under subsection 35A(5) of the Federal Court Act

(a) for a corporation

$1,665

(b) in any other case

$685

111

Filing of: (a)  an interlocutory application, other than an interlocutory application mentioned in another item; or (b)  an application under the Trans‑Tasman Proceedings Act 2010, other than an application mentioned in item 115C

(a) for a corporation

$1,255

(b) in any other case

$510

112

Filing a document by which a proceeding in the Federal Court under the Bankruptcy Act 1966 is commenced

(a) for a publicly listed company

$5,705

(b) for a corporation

$3,805

(c) for a public authority

$3,805

(d) in any other case

$1,585

113

Filing of an application for an order for substituted service of a bankruptcy notice

(a) for a publicly listed company

$1,265

(b) for a corporation

$840

(c) for a public authority

$840

(d) in any other case

$355

114

Filing of a cross-claim

(a) for a corporation

$4,100

(b) in any other case

$1,410

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

(a) for a corporation

$7,180

(b) in any other case

$2,605

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 purpose 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

(a) for a corporation

$7,180

(b) in any other case

$2,605

115B

Filing 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 proceeding

(a) for a corporation

$7,180

(b) in any other case

$2,605

115C

Filing of an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010

 

$125

116

Setting down for hearing a proceeding (including an application, appeal, cross‑claim or cross‑appeal) or an issue in question in a proceeding

(a) for a corporation

$6,850

(b) in any other case

$2,815

117

For the hearing of an application (including a cross‑claim) under subsection 35A(5) of the Federal Court of Australia Act—for each day or part of a day

(a) for a corporation

$2,735

(b) in any other case

$1,115

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 second, third, and fourth days, or part of those days

(a) for a corporation

$2,735

(b) in any other case

$1,115

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 fifth, sixth, seventh, eighth and ninth days, or part of those days

(a) for a corporation

$4,935

(b) in any other case

$1,870

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 tenth, 11th, 12th, 13th and 14th days, or part of those days

(a) for a corporation

$9,725

(b) in any other case

$3,760

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

(a) for a corporation

$14,585

(b) in any other case

$5,640

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 day

(a) for a publicly listed company

$4,115

(b) for a corporation

$2,735

(c) for a public authority

$2,735

(d) in any other case

$1,115

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

(a) for a corporation

$2,735

(b) in any other case

$1,115

123

On 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 file

$50

(b) for each page included in a copy made in accordance with the request

$1

124

For 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

No annual increase

(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

No annual increase

125

For the seizure and sale of goods by an officer of the Federal Court in the execution of process of the court (except in relation to a proceeding under the Admiralty Act 1988)

 

$1,225

126

For issuing a subpoena

(a) for a corporation

$240

(b) in any other case

$120

127

For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966, to attend examination about a debtor’s examinable affairs

(a) for a publicly listed company

$790

(b) for a corporation

$515

(c) for a public authority

$515

(d) in any other case

$260

128

For taxation of a bill of costs in which the amount claimed in the bill is $10,000 or less

 

$1,340

129

For taxation of a bill of costs in which the amount claimed in the bill is more than $10,000 and no more than $100,000

 

$4,575

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

 

$5,225

131

For taxation of a bill of costs in which the amount claimed in the bill is more than $500,000

 

$5,880

132

For mediation by an officer of the Federal Court—for each attendance at the mediation

(a) for a corporation

$2,145

(b) in any other case

$915

 

Federal Court of Australia jurors’ remuneration

Pursuant to section 3.04 of the Federal Court and Federal Circuit Court Regulation 2012, from 1 July 2019 the fee prescribed for each item of Schedule 2 to those Regulations will be the amount listed below.

 

Item

Document or service

Federal Court jurors’ remuneration

1

Attendance on the first day of a trial

(a) for 4 hours or less

Half the amount mentioned in item 2

(b) for more than 4 hours

The amount mentioned in item 2

2

Attendance on each day of a trial for days 2, 3, 4 and 5

 $115

3

Attendance on each day of a trial for days 6, 7, 8, 9 and 10

 $126

4

Attendance on each day of a trial after day 10

 $139

5

Attendance on the last day of a trial, if required to serve for more than 8 hours (excluding adjournments for meals)

(a) for an additional period of up to 4 hours

The amount mentioned for the day in another item plus half the amount mentioned for that day

(b) for an additional period of more than 4 hours

Double the amount mentioned for the day in another item

 

Federal Circuit Court of Australia fees

Pursuant to section 2.20 of the Federal Court and Federal Circuit Court Regulation 2012, from 1 July 2019 the fee prescribed for each item of Schedule 1 to those Regulations will be the amount listed below. Section 2.20 excludes from the biennial fee increase the fees mentioned in items 202, 209, 210 and 220 (items 209 and 210 are increased in accordance with the Fair Work Regulations 2009).

 

Item

Document or service

Federal Circuit Court fee

201

Filing of a document by which a proceeding in the Federal Circuit Court of Australia seeking final orders is commenced, other than: (a)  a proceeding mentioned in any of items 202, 204 to 206 and 208 to 214; or (b)  an application under the Trans‑Tasman Proceedings Act 2010

(a) for a corporation

$1,625

(b) in any other case

$675

202

Filing of an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986

No annual increase

203

Filing of a bill of costs

 

$260

204

Filing of: (a)  a document seeking interlocutory, interim or procedural orders (other than a proceeding mentioned in item 202); or (b)  an application under the Trans‑Tasman Proceedings Act 2010, other than an application mentioned in item 214A

(a) for a corporation

$980

(b) in any other case

$395

205

Filing of an application to review an exercise of power by the Registrar of the Federal Circuit Court under subsection 104(2) of the Federal Circuit Court of Australia Act

(a) for a corporation

$980

(b) in any other case

$395

206

Filing of a document by which a proceeding in the Federal Circuit Court under the Bankruptcy Act 1966 is commenced

(a) for a publicly listed company

$5,705

(b) for a corporation

$3,805

(c) for a public authority

$3,805

(d) in any other case

$1,585

207

Filing, by a person other than the applicant, of a document seeking the making of final orders different from those sought by the applicant (other than in a proceeding mentioned in item 202)

(a) for a corporation

$1,625

(b) in any other case

$665

208

Filing of an application for an order for substituted service of a bankruptcy notice

(a) for a publicly listed company

$640

(b) for a corporation

$425

(c) for a public authority

$425

(d) in any other case

$165

209

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 under subsection 395(2) of the Fair Work Act 2009.

Increased in accordance with the Fair Work Regulations 2009

TBC

210

Filing 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 under subsection 395(2) of the Fair Work Act 2009.

Increased in accordance with the Fair Work Regulations 2009

TBC

211

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 548 of that Act to apply, and the claim is less than $10,000

 

$240

212

Filing of an application under section 539 of the Fair Work Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 548 of that Act to apply, and the claim is between $10,000 and $20,000

 

$390

213

Filing of an application under the National Consumer Credit Protection Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 199 of that Act to apply, and the claim is less than $10,000

 

$240

214

Filing of an application under the National Consumer Credit Protection Act 2009 if the applicant indicates that the applicant wants the small claims procedure under section 199 of that Act to apply, and the claim is between $10,000 and $20,000

 

$390

214A

Filing of an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010

 

$125

215

Setting down for hearing for final orders of a proceeding or an issue in question in a proceeding (other than a proceeding under the Bankruptcy Act 1966 or a proceeding mentioned in item 202)

(a) for a corporation

$1,945

(b) in any other case

$805

216

For hearing for final orders of a proceeding or an issue in question in a proceeding (other than a proceeding under the Bankruptcy Act 1966 or a proceeding mentioned in item 202)—for each hearing day or part of a hearing day (other than the first hearing day)

(a) for a corporation

$1,945

(b) in any other case

$805

217

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

(a) for a publicly listed company

$2,935

(b) for a corporation

$1,945

(c) for a public authority

$1,945

(d) in any other case

$805

218

For the hearing of an application (including a cross‑claim) under subsection 140(3) of the Federal Circuit Court of Australia Act—for each day or part of a day

(a) for a corporation

$1,945

(b) in any other case

$805

219

On request, production of a file of the Federal Circuit 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 file

$50

(b) for each page included in a copy made in accordance with the request

$1

220

Each service or execution, or attempted service or execution, of the process of the Federal Circuit Court by an officer of the court (other than in a proceeding mentioned in item 202) 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

 

No annual increase

 

No annual increase

221

Seizure and sale of goods by an officer of the Federal Circuit Court in the execution of the process of the court (other than in relation to a proceeding under the Admiralty Act 1988 or a proceeding mentioned in item 202)

 

$620

222

For issuing a subpoena

(a) for a corporation

$155

(b) in any other case

$80

223

For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966, to attend examination about a debtor’s examinable affairs

(a) for a publicly listed company

$790

(b) for a corporation

$515

(c) for a public authority

$515

(d) in any other case

$260

224

Mediation by an officer of the Federal Circuit Court (other than in a proceeding mentioned in item 202)—for each attendance at the mediation

 

$540

 

Family law fees

Pursuant to section 2.13 of the Family Law (Fees) Regulation 2012, from 1 July 2019 the fee prescribed for each item of Schedule 1 to those Regulations will be the amount listed below.

 

Item

Document or service

Family law fees

1

Filing an application in proceedings for a divorce order in relation to a marriage or a decree of nullity of marriage, other than proceedings to which item 2 applies

(a) general fee

$1,290

(b) reduced fee

$430

2

Filing an application in proceedings for a divorce order: (a)  commenced in a court mentioned in paragraph 10A(a) or (c) of the Family Law Regulations 1984; or (b)  commenced in another court for transfer to a court mentioned in paragraph 10A(a) or (c) of those Regulations; or (c)  commenced in the Federal Circuit Court

(a) general fee

$910

(b) reduced fee

$305

3

Filing an application in proceedings for a declaration about the validity of a marriage, a divorce or the annulment of a marriage

 

$1,290

4

Filing an application for final orders in eligible financial or parenting proceedings, other than an application under the Trans‑Tasman Proceedings Act 2010

 

$350

5

Filing a response to an application for final orders in eligible financial or parenting proceedings

 

$350

6

Filing an application for a consent order

 

$165

7

Filing an appeal under section 94 or 94AAA of the Family Law Act, unless leave to appeal is required and the fee mentioned in item 8 has been paid

 

$1,380

8

Filing an application for leave to appeal under section 94 or 94AAA of the Family Law Act

 

$1,380

9

Filing of: (a)  an interim order application; or (b)  an application under the Trans‑Tasman Proceedings Act 2010, other than an application mentioned in item 10A

 

$120

10

Filing an application for both an order under Part VII of the Family Law Act  and an order under any of the following: (a)  Part VIII of that Act (other than a spousal maintenance order); (b)  Part VIIIA of that Act; (c)  Part VIIIAB of that Act (other than an order for the maintenance of a party to a de facto relationship)

 

$575

10A

Filing an application to register a New Zealand judgement under the Trans‑Tasman Proceedings Act 2010

 

$110

11

Setting down for hearing in proceedings for a divorce order, if defended, in relation to a marriage or a decree of nullity of marriage

(a) for hearing before a judge

$870

(b) for hearing before a magistrate

$640

12

Setting down for hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage

(a) for hearing before a judge

$870

(b) for hearing before a magistrate

$640

13

Setting down for hearing of an application for final orders, if defended, in eligible financial or parenting proceedings

(a) for hearing before a judge

$870

(b) for hearing before a magistrate

$640

14

Setting down for hearing in an appeal under section 96 of the Family Law Act  from a decree of a court of summary jurisdiction

 

$870

15

Hearing in proceedings for a divorce order, if defended, in relation to a marriage or a decree of nullity of marriage—for each hearing day or part of a hearing day, other than the first hearing day

(a) for hearing before a judge

$870

(b) for hearing before a magistrate

$640

16

Hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage—for each hearing day, or part of a hearing day, other than the first hearing day

(a) for hearing before a judge

$870

(b) for hearing before a magistrate

$640

17

Hearing of an application for final orders, if defended, in eligible financial or parenting proceedings—for each hearing day or part of a hearing day, other than the first hearing day

(a) for hearing before a judge

$870

(b) for hearing before a magistrate

$640

18

Hearing in an appeal under section 96 of the Family Law Act  from a decree of a court of summary jurisdiction—for each hearing day or part of a hearing day, other than the first hearing day

 

$870

19

For issuing a subpoena

 

$55

20

For a conciliation conference in proceedings for an order under Part VIII or VIIIAB of the Family Law Act

 

$400

 

Administrative Appeals Tribunal fees

Pursuant to sections 20(1) and 20(2) and 27(1) of the Administrative Appeals Tribunal Regulation 2015, from 1 July 2019 the fee prescribed by each regulation will be the amount listed below.

 

Section

Document or service

Tribunal fee

20(1)

Standard application fee

$932

20(2)

Lower application fee for certain taxation decisions

$92

20(3)

 Fee in concessional circumstances

No annual fee increase

 

 

Administrative Appeals Tribunal fees – Migration and Refugee Division

 

 

Pursuant to sections 4.13(1) and 4.31B(1) of the Migration Regulations 1994, from 1 July 2019 the fee prescribed by each regulation will be the amount listed below.

 

Section

Document or service

Tribunal fee

4.13(1)

Application fee – decisions other than protection visa

$1787

4.31B(1)(c)

Application fee – review of Part 7 – reviewable decisions

$1787

 

National Native Title Tribunal fees

Pursuant to sections 16 and 17 of the Native Title (Tribunal) Regulations 1993, from

1 July 2019 the fee prescribed by each regulation will be the amount listed below.

 

Section

Document or service

Tribunal fee

7

Application fee

$862