When Are Court Fees Not Payable?

Proceedings which do not attract fees

Fees are not payable in relation to the following proceedings:

• An appeal from a judgment in relation to an application:
  • under section 46PO or 46PP of the Australian Human Rights Commission Act 1986 (Cth)
  • made by a person under section 539 of the Fair Work Act 2009 (Cth) where, 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;
  • made by a person under section 539 of the Fair Work Act 2009 (Cth) 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 (Cth)
• an application by a person to set aside a subpoena;
• a proceeding under the Child Support (Registration and Collection) Act 1988 (Cth) (other than proceedings relating to child support which are by way of appeal from the Administrative Review Tribunal or under the Administrative Decisions (Judicial Review) Act 1977 (Cth));
• an appeal on a question of law from a decision of the Administrative Review Tribunal in a child support first review under section 172 of the Administrative Review Tribunal Act 2024 (Cth);
• 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 (Cth) for the issue of a subpoena requiring the attendance before or production of documents to an arbitrator (or both).

Filing fees, setting down fees and hearing fees are not payable for:

• A proceeding in relation to:
  • a criminal matter;
  • a case stated, or a question reserved, for the consideration or opinion of the Federal Court;
  • 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.

Taxation proceedings

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 (Cth) or from a decision of the Taxation and Commercial Division of the Administrative Review 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, in relation to:

• an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986 (Cth) after payment of the filing fee referred to in item 102 of Schedule 1 to the Federal Court and Federal Circuit and Family Court Regulations 2022 ;
• an application made by a person under section 539 of the Fair Work Act 2009 (Cth) 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 Regulations; and

• an application made by a person under section 539 of the Fair Work Act 2009 (Cth) 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 Regulations.

Setting down fees are not payable:

• for an interlocutory application.
• in proceedings under the Bankruptcy Act 1966 (Cth).
• for admission to practice as a barrister and/or solicitor.

Hearing fees are not payable:

• in proceedings under the Bankruptcy Act 1966 (Cth).
• for admission to practice as a barrister and/or solicitor.
• 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.

Matters remitted or referred to the Federal Court by the High Court

For matters remitted:

No filing fees are payable for a matter remitted under the Judiciary Act 1903 (Cth).

No setting down fees or hearing fees are payable for a matter remitted under the Judiciary Act 1903 (Cth) 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.

For matters referred:

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

Updated October 2024