Admiralty: Legal resources

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Note: The fees listed below are effective from 1 July 2024.

Cheques or Money orders for the payment of fees should be made payable to the Federal Court of Australia.

A number of fees apply to Federal Circuit and Family Court proceedings pursuant to Schedule 1 Part 2 of the Federal Court and Federal Circuit and Family Court Regulations 2022.

To view the Regulation see www.legislation.gov.au. The current fees are contained within the gazetted Annual federal courts and tribunals fee increases from 1 July 2024.

Document or service Fee
Corporations Others
Filing an application (201)
^ Note: this is not the fee payable for migration applications, see below
$1,960 $815
Filing an application (migration only) (201A)

(a) full fee—$3,920, or

(b) if a Registrar or an authorised officer has determined that the person may pay a reduced fee under section 2.06A—$1,960

Response*
Seeking different orders sought by applicant (207)
$1,960 $805
Interlocutory – interim (204)* $1,175 $475
Setting down for hearing fee (215)* $2,340 $970
Daily Hearing Fee* (for each hearing day, or part of a hearing day excluding the first hearing day) (216) $2,340 $970
Mediation by a court officer* (For each attendance) (224) $650
Filing an Application for a Review of a Registrar's Decision (205)* $1,175 $475
For the hearing of an application (including a cross-claim) under subsection 256(2) of the Federal Circuit and Family Court Act – for each day or part of day (218)* $2,340 $970
Filing a bill of costs (203)* $315
Issuing a subpoena (222)* $185 $95
On request, production of file and making of a copy or copies of a document or documents in the file: (219)

Production of the file

$60

For each page included in a copy made in accordance with the request

$1
Seizure and sale of goods (221) $745
Filing an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010 (214A) $150

* Note: this fee is not payable for human rights applications, some fair work applications, and small claims proceedings in fair work and consumer credit claims.

Service and execution

For each service or execution, or attempted service or execution, of the process of the Federal Circuit and Family Court of Australia (Division 2) by an officer of the court** an amount equal to:

  1. the amount of any expenses reasonably incurred by the officer in the service or execution, or attempted service or execution, of the process; and
  2. 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 (220)

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

Document or service Fee
Seizure and sale of goods*** (221) $745
***other than in relation to a proceeding under the Admiralty Act 1988 or an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986

Small claims

Document or service Fee
If the claim is
less than $10,000 (213)
If the claim is between
$10,000 and $20,000 (214)
Filing of an application under Consumer Credit Protection Act 2009 if the applicant indicates they want the small claims procedure to apply $295 $470

Industrial Law

For proceedings other than the following the general application fee applies:

Fair work

Document or service Fee

Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:

  1. the applicant has been dismissed from employment in alleged contravention of Part 3-1 of that Act;
  2. the applicant alleges a breach of section 351 of that Act (209)
$87.20
Filing of an application under section 539 of the Fair Work Act 2009 for orders in relation to an alleged contravention of Division 2 of Part 3‑5A of that Act (209A) $90.00
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 (210) $87.20

Small claims

Document or service Fee
If the claim is
less than $10,000 (211)
If the claim is between
$10,000 and $50,000 (212)
If the claim is between $50,000 and $100,000 (212AA) and the proceedings relate to one or more of the matters mentioned in paragraph 548(1B)(a) of that Act (other than a proceeding mentioned in item 212) (212A)
Filing of an application under section 548 of the Fair Work Act 2009 if the applicant indicates they want the small claims procedure to apply

$295

$470

$545 $295

Bankruptcy

Document or service Fee
Publicly listed company Corporations Public authority Others
Filing an application under the Bankruptcy Act 1966 (206) $6,870 $4,585 $4,585 $1,910
Application for substituted service of a bankruptcy notice (208) $770 $510 $510 $200
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 (223) $950 $615 $615 $315
Examination by a Registrar under section 50 or 81 of the Bankruptcy Act 1966 – for each day or part of a day (217) $3,540 $2,340 $2,340 $970

Human rights

Document or service

Fee

Filing an application (Human rights under Section 46PO or 46PP of the Human Rights Commission Act 1986)  (202)

$55

Migration

Document or service

Fee

Filing an application (migration only) (201A)

(a) full fee—$3,920, or

(b) if a Registrar or an authorised officer has determined that the person may pay a reduced fee under section 2.06A—$1,960

Party Category and Fee Calculation

Section 2.02 of the Regulation read in conjunction with the definitions in sections 1.03 and 1.04 sets out the basis of how fees are to be calculated. Fees for filing documents, setting down, for hearing, for mediation and for some services are calculated according to the type of body or person liable to pay them. A publicly listed company pays the highest rate of fees. A corporation and a public authority pay the next highest rate. All others, including any individuals, small businesses or unincorporated not-for-profit association, pay the lowest rate.

So the Courts can assess the correct fee which applies, each party will need to complete a Party Category Information Form.

Note: in some cases, such as if you hold certain government concession cards or you can demonstrate financial hardship, you may be exempt from the payment of court fees or entitled to a reduced fee.