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This form is used in general federal law and migration proceedings to make an application to defer the payment of a court fee if: 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 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 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.

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).

The application for divorce (or divorce kit) is an online form using the Commonwealth Courts Portal. This allows you, within the Court’s secure website, to access your court file, the ability to eFile and access court orders 24/7.

An affidavit is a written statement where the contents are sworn or affirmed to be true. An affidavit should set out facts, not opinion.

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