Title: Application for refund of court fees - General Federal Law
Subject: Fees
Author: Federal Circuit and Family Court of Australia
Last saved by: Angela Fassoulas
Company: Family Court of Australia

Federal Court of Australia Federal Circuit and Family Court of Australia | | | Give Details
| Application for Refund | | File Number:
| of Court Fees | | File name:
| Federal Court and Federal Circuit and Family Court Regulations 2022 Section 2.19 | | Date filed:
Cross boxes, for example ☒, where applicable | |
Notice to applicant

Use this form to claim a refund of court fees paid if:
a.	you have paid more for court fees that you were required to pay under the Regulation (to claim back the excess paid); or
b.	you have paid a court fee but it had already been paid by another person or it was not payable under the Regulation at all (to claim back the whole of the fee you paid); or
c.	for a hearing that has not commenced, you paid a hearing fee and you notified the Court within the time required by subsection 2.19(6) of the Regulation that the hearing would not occur or would occur only for the purpose of making formal orders (to claim back all of the hearing fee paid); or
d.	for a hearing that has not commenced, you paid a hearing fee but the hearing did not occur or occurred only for the purpose of making formal orders and, although you did not notify the Court as required by paragraph 2.19(5)(a) and subsection 2.19(6) of the Regulation, this was not because of any fault on your part (to claim back the hearing fee paid); or
e.	for a hearing that has commenced, you have paid a hearing fee for a hearing day which was not required because:
o	 the proceeding settled or was discontinued; or
o	for some other reason the hearing did not proceed on the hearing day paid for
(to claim back the hearing fee paid for unused hearing days)
f.	you have paid a mediation fee for a mediation attendance which did not proceed and the Court, a Judicial Officer or Registrar has ordered this fee be refunded (to claim back the fee ordered to be refunded).
For items c and d above, a “formal order” is an order which finalises the proceeding.
It will assist if you include the file number and file name (eg Smith Pty Ltd v Commonwealth of Australia) in the appropriate fields at the top right hand corner of this page.
A setting down fee cannot be refunded even if the hearing does not occur.
You must include with this application all of the information that you believe will show that you are entitled to a refund under the Regulation and, for a claim under item d above, to satisfy the Registrar or Authorised Officer that the failure to give notice as required under the Regulation was not the fault of the person who paid the hearing fee.
You can find more information about refunds of court fees on the Federal Court’s website at www.fedcourt.gov.au, the Federal Circuit and Family Court of Australia’s website at www.fcfcoa.gov.au or by asking Registry staff.
	WARNING
Under the Criminal Code any person who knowingly makes an untrue representation or statement to obtain a benefit or advantage from the Commonwealth is guilty of an offence and, if found guilty, can be fined or imprisoned.

Details
1.	Name and address | | family name (surname) or corporation etc name | | given names
1. |
1. | | postcode                             tel

2.	Court and fee for which the refund is sought

(Put cross in box that applies)
☐   Federal Court	☐	Federal Circuit and Family Court of 
		Australia
	Type:	☐ Filing fee	☐ Setting down fee	☐ Hearing fee	☐ Mediation fee
	☐ Fee for taxation of a bill of costs (Federal Court only)	☐ Other fee
	Date paid      /     /       Please provide a copy of the receipt issued if possible

3.	Reason for refund

(Attach an extra page or pages if you need more space)

(Put cross in box that applies):
☐	Paid more for court fees than required under the Regulation (Set out below brief details to show excess amount paid)
☐	Paid court fees that had already been paid by another person (Set out below brief details including relevant amounts and, if possible, by whom and when fees previously paid)
☐	Paid court fees that were not payable under the Regulation (Set out below brief details including why the fees weren’t payable)
☐	Paid hearing fees for a hearing that has not commenced in relation to which the Court was notified within the time required by subsection 2.19(6) of the Regulation that this hearing would not occur or would occur only for the purpose of making formal orders (Set out below brief details including when the required notice was given)
	Continued Over

☐	Paid hearing fees for a hearing that has not commenced but which did not occur or occurred only for the purpose of making formal orders and, even though the Court was not notified as required by paragraph 2.19(5)(a) and subsection 2.19(6) of the Regulation, this was not the fault of the person who paid the fees (Set out below brief details of all relevant circumstances, particularly, to satisfy Registrar or Authorised Officer that the reason why the Court was not notified was not the fault of the person who paid the hearing fee)
☐	Paid hearing fees for hearing days of a hearing that commenced but which were unused as the proceeding settled or was discontinued or for some other reason the hearing did not proceed into those days (Set out below brief details of relevant circumstances)
☐	Paid mediation fees for a mediation attendance which did not proceed and the Court, a Judicial Officer or a Registrar has ordered the fee be refunded (Set out below brief details including of order for refund)

Supporting information:

4.	Bank account details of payee for refund | | Account name | | Bank/Branch

BSB		Account number
     		      
Email for remittance

Signature
Date	/	/

Court Use Only
DECISION

☐ Refund approved as follows (put cross in box that applies):
	☐	Payee paid more that was required to be paid – difference between the amount paid and what was required to be paid is to be refunded to payee in the amount of
$     
	☐	Fees already paid and is to be refunded to the payee claiming refund in the amount of
$     
	☐	Payee paid fees of 
$      
that were not payable – these fees to be refunded to this payee
	☐	Payee paid hearing fees of 
$      
for a hearing which did not occur or did not occur other than for formal orders and gave notice to the Court within the time required under the Regulation - payee to be refunded those hearing fees
	☐	Payee paid hearing fees of
$      
for a hearing which did not occur or occurred only for formal orders and, although no notice was given to the Court as required by the Regulation, I am satisfied this was not the 	fault of the payee – payee to be refunded those hearing fees hearing fees
	☐	Payee paid hearing fees of 
$      
for unused days of a hearing – payee to be refunded for those unused hearing days
	☐	Payee paid mediation fees of
$      
for a mediation attendance which did not proceed and an order for refund of those fees had been made – payee to be refunded those mediation fees

☐ Refund not approved. 	☐ Attached are the reasons for decision.
[Note: if for hearing fees paid were for a hearing which did not occur or occurred only for formal orders where no notification as required under the Regulation was given but the Registrar/Authorised Officer is not satisfied that the failure to give the necessary notice was not the fault of the payee, attach completed reasons]

NOTE TO APPLICANT IF REFUND OF HEARING FEE REFUSED (but only for a hearing which has not commenced and where no notice as required by paragraph 2.19(5)(a) and subsection 2.19(6) of the Federal Court and Federal Circuit and Family Court Regulations 2022 was given): Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of a decision not to refund such hearing fees paid within 28 days of the date of this decision (see section 2.21 of the Federal Court and Federal Circuit and Family Court Regulations 2022).

Signature                                                                                                                           Date       /     /     
	Registrar/Authorised Officer [cross out incorrect one]

| Authorised by General Counsel, Deputy Principal Registrar FCA/Principal Registrar FCFCOA  1/4/2023