Federal Court and Federal Circuit and Family Court Regulations 2022

All litigants in the Federal Court and Division 2 (except Family Law proceedings): Every person who files proceedings, attends hearings or uses court services in these courts is subject to the fee regime.

Corporations and publicly listed companies: Pay higher fees than individuals. The highest fee applies when multiple parties are liable and they attract different fee levels (section 2.02(3)).

Applicants and appellants: Primarily responsible for filing and hearing fees (section 2.03(3)).

Legal aid recipients and individuals facing financial hardship: May qualify for reduced fees or exemptions under Division 2.4.

Public authorities: Exempt from fees that would otherwise be payable in certain circumstances. Not classified as corporations for fee purposes (section 1.04(2)(d)).

Jurors in Federal Court proceedings: Entitled to remuneration under Part 3.

Court registrars and officers: The relevant Registrar has powers to grant exemptions, deferrals, reduced fees and refunds, and must provide reasons and ART review rights for decisions on those matters (section 2.21).

Pay fees at time of filing or service: Filing fees must generally be paid at the time of filing. Hearing fees and setting down fees must be paid at the time the proceeding is set down or the hearing is scheduled, or as otherwise required.

Notify the court of reduced-fee eligibility: A person who wants a reduced fee (such as a health care card holder or a person facing financial hardship) must satisfy the relevant Registrar of their eligibility (section 2.08).

Refunds and deferrals must be applied for: A person who believes they are entitled to a refund (for example, because a hearing was settled before it commenced) must apply to the Registrar (section 2.19(7)-(8)).

Exemption from fees (Division 2.4, sections 2.04-2.07): The relevant Registrar may exempt a person from paying a fee in a range of circumstances including financial hardship, public interest proceedings, and cases where the proceeding could not reasonably be expected to proceed if the fee were payable.

Deferral of fees (section 2.06A): The Registrar may defer payment of a fee where the person faces financial hardship and other criteria are met.

Reduced fees (sections 2.08, 2.08A): Individuals who hold a health care card, pension concession card, or a low-income card, or who would suffer financial hardship, may pay a reduced fee as prescribed. For Division 2 proceedings, a reduced filing fee applies in item 201A.

Refund powers (section 2.19): The Registrar may refund fees in specific circumstances including: where a filing fee has been paid but the document was not accepted (section 2.19(1)); where a hearing day did not proceed before or after commencement (sections 2.19(7)-(8)); where a mediation did not proceed and a court order for refund is made (section 2.19(9)).

Setting down exemptions (sections 2.12): Numerous circumstances in which a setting down fee is not payable, including proceedings remitted by the High Court, bankruptcy proceedings in the Federal Court's original jurisdiction, criminal matters, and cases where a setting down fee has already been paid.

Hearing fee exemptions (section 2.13): Hearings for reserved judgments only, cases where hearing fees have already been paid, criminal matters, bankruptcy proceedings, and proceedings remitted by the High Court are all exempt from hearing fees.

ART review (section 2.21): Decisions about exemptions, deferrals, reduced fees and refund refusals are reviewable by the Administrative Review Tribunal. The Registrar must give a notice with reasons and must inform the liable person of their ART review rights within 28 days of the decision.

The Regulations do not create criminal penalties for non-payment of fees. Proceedings that require payment of fees as a condition of filing cannot proceed without payment or a valid exemption or deferral. Unpaid fees may be treated as debts to the Commonwealth recoverable through court processes.

The ART review mechanism in section 2.21 provides a procedural safeguard against incorrect fee decisions by the Registrar.

Annual indexation (section 2.20): On 1 July each year, most fees are increased by applying the CPI indexation formula. Some fees (items 102, 103, 104, 107, 124, 202, 209, 210 and 220 and the reduced fee in item 201A) are not subject to the annual CPI increase.

Rounding (section 2.20(3)): Indexed fees are rounded to the nearest multiple of $5 if $50 or more, or the nearest whole dollar if less than $50. Amounts to be rounded of exactly 50 cents are rounded down.

Exemption/deferral decisions (section 2.21): Decisions must be notified within 28 days. Notice must include reasons and ART review rights.

Refund timeline: The Registrar makes a refund decision on application. No prescribed time limit for refund payment after the decision, but the decision is subject to ART review.

Hearing fee refund for pre-hearing settlement: The Regulations distinguish between a hearing that has not commenced (section 2.19(7)) and one that has commenced and then been settled or discontinued (section 2.19(8)). Both attract a refund right for unused days.

Federal Court of Australia Act 1976 (Cth): The primary enabling statute for the Federal Court. Section 60 of that Act is the authority for making these Regulations. Definitions of "juror" and "potential juror" are incorporated from that Act.

Federal Circuit and Family Court of Australia Act 2021 (Cth): The other enabling statute. Section 285 authorises the fee Regulations for Division 2 proceedings. Definitions of "Chief Executive Officer" and "Registrar" come from this Act.

Family Law (Fees) Regulations 2022: The parallel instrument covering fees in Family Law Act proceedings in Division 2. This instrument explicitly excludes those proceedings (section 2.01A note).

Fair Work Act 2009 (Cth): Filing fees for unfair dismissal claims (section 539 applications) are reduced to single filing fee only in certain circumstances. Small claims proceedings under section 548 attract only small claim filing fees.

Administrative Review Tribunal Act 2024 (Cth): Fee decisions are reviewable by the ART. References to ART review in sections 2.06, 2.06A, 2.08(3), 2.15 and 2.19(7) invoke the ART jurisdiction.

Judiciary Act 1903 (Cth): Matters remitted from the High Court to the Federal Court under section 44 are exempt from filing fees (section 2.11(1)(a)).

Australian Human Rights Commission Act 1986 (Cth): Applications under sections 46PO or 46PP (human rights discrimination complaints) attract only the minimum filing fee (section 2.10(1)).

Bankruptcy Act 1966 (Cth): Federal Court proceedings in its original bankruptcy jurisdiction are exempt from setting down and hearing fees (sections 2.12(1)(e) and 2.13(1)(f)).

Family law proceedings have a separate instrument: The Federal Court and Federal Circuit and Family Court Regulations 2022 does not apply to Family Law Act proceedings in Division 2. Practitioners working on family law matters must consult the Family Law (Fees) Regulations 2022 instead.

Corporation definition excludes small businesses: A business with 19 or fewer employees and under $2 million annual turnover is a "small business" and not a "corporation" for fee purposes (section 1.04(3)). Such businesses pay individual rates.

Multiple parties may trigger the highest fee: Where multiple parties are jointly liable for a fee and they attract different fee tiers, only the highest tier fee is payable (section 2.02(3)). This means adding a publicly listed company to proceedings can increase the fee tier.

Indexation has exceptions: Not all fees increase annually. The fees for items 102, 103, 104, 107, 124, 202, 209, 210 and 220, and the reduced fee in item 201A, are excluded from the annual CPI increase (section 2.20(1)).

No hearing fees for delivery of reserved judgments: Where the sole purpose of a hearing is delivery of a reserved judgment (i.e., the court is reading out a decision it had reserved), no hearing fee is payable (section 2.13(1)(b)). Practitioners should not budget hearing fees for such hearings.

28-day limit on ART review notice: The Registrar must give notice of fee decisions with reasons and ART review information within 28 days (section 2.21(2)). Failure to include the ART review statement does not invalidate the decision itself (section 2.21(4)), but the time for ART review may run from actual notification.

Example 1: Corporation commencing Federal Court proceedings: A publicly listed company commences an appeal in the Federal Court. The filing fee for the appeal is the publicly listed company rate from item 101 or 115C (whichever applies to the proceeding type). The company must also pay a setting down fee under item 116 when the appeal is set down for hearing, and a per-day hearing fee under items 117-122.

Example 2: Individual seeking reduced fee: An individual litigant holds a Commonwealth Health Care Card. She wishes to file an application in Division 2. She applies to the relevant Registrar for a reduced fee under section 2.08. If the Registrar is satisfied of her eligibility, she pays the reduced rate prescribed in item 201A. If the Registrar refuses, the Registrar must give written reasons and notify her of her ART review right within 28 days (section 2.21).

Example 3: Settled case -- refund of pre-paid hearing fees: A Federal Court applicant pays hearing fees in advance for 20 days. The case settles after 15 hearing days. The applicant is entitled to a refund of 5 days' worth of hearing fees under section 2.19(8). The applicant applies to the Registrar for the refund.

Example 4: Small claims proceeding in Division 2: An employee brings a small claims wage claim under section 548 of the Fair Work Act. Under section 2.10(4), only the small claims filing fee (items 211-214) is payable. No setting down fee, hearing fees, or other fees apply.