Application for deferral of payment of court fees (general federal law)

Use this form if:

  1. the need to file a document on which a filing fee is payable is so urgent that it overrides the requirement to pay that fee before the document is filed; or
  2. having regard to your financial circumstances (or that of the party liable to pay the fee), it would be oppressive or otherwise unreasonable to require you (or that party) to pay a court fee at the time it is required; or
  3. you (or the party liable to pay the court fee) are (or is) represented by a lawyer who is not charging you (or that party) in relation to the proceeding

and you (or the party liable to pay the fee) want (or wants) to have the time for payment of a court fee deferred.

If your application for deferral is successful, the fee must be paid by the date specified by the Registrar or Authorised Officer or, if a date for payment isn’t specified, within 28 days after the day the payment is deferred.

You must include with this application all of the information that you believe will satisfy the Registrar or Authorised Officer that payment of the fee should be deferred.  You will find in question 3 below advice on some information you must include depending on the type of deferral sought. 

If you are relying on item b above, you will need to provide some supporting information about your financial circumstances.  Depending on your circumstances this might be brief.  You can download Statement of Financial Circumstances forms for an individual and a corporation on the Federal Court’s website at www.fedcourt.gov.au or the Federal Circuit and Family Court’s website at www.fcfcoa.gov.au or obtain them by asking Registry staff.