Bankruptcy: Legal resources

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.

* 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

Small claims

Industrial Law

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

Fair work

Small claims

Bankruptcy

Human rights

Migration

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.