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06 May, 2024

The Courts and your privacy

In most circumstances, courts and their decisions are accessible to members of the public. This policy of 'open justice' is reflected in section 97 of the Family Law Act 1975, which provides that all proceedings should be heard in open unless a court decides otherwise. The principle of open justice is fundamental to ensuring that courts remain transparent and accountable for their decisions.

Administrative law: Legal resources

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This page lists different legal resources that relate to administrative law including judicial review, child support appeal and privacy.

Note: The fees listed below are effective from 1 July 2025.

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 of Australia (Division 2) proceedings pursuant to Schedule 1 Part 2 of the Federal Court and Federal Circuit and Family Court Regulations 2022.

The current fees are contained within the gazetted Annual federal courts and tribunals fee increases from 1 July 2025.

Document or service Fee
Corporations Others
Filing an application (201)
^ Note: this is not the fee payable for migration applications, see below		 $2,005 $835
Filing an application (migration only) (201A)

(a) full fee—$4,015, or

(b) if a Registrar or an authorised officer has determined that the person may pay a reduced fee under section 2.06A—$2,005
Response*
Seeking different orders sought by applicant (207)		 $2,005 $825
Interlocutory – interim (204)* $1,205 $485
Setting down for hearing fee (215)* $2,395 $995
Daily Hearing Fee* (for each hearing day, or part of a hearing day excluding the first hearing day) (216) $2,395 $995
Mediation by a court officer* (For each attendance) (224) $665
Filing an Application for a Review of a Registrar's Decision (205)* $1,205 $485
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)* $2,395 $995
Filing a bill of costs (203)* $325
Issuing a subpoena (222)* $190 $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) $765
Filing an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010 (214A) $155

* 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)

$765
***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

$300

$480

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)
 $89.70
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) $89.70

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

$300

$480

 $560 $300

Bankruptcy

Document or service Fee
Publicly listed company Corporations Public authority Others
Filing an application under the Bankruptcy Act 1966 (206) $7,035 $4,695 $4,695 $1,955
Application for substituted service of a bankruptcy notice (208) $790 $520 $520 $205
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) $975 $630 $630 $325
Examination by a Registrar under section 50 or 81 of the Bankruptcy Act 1966 – for each day or part of a day (217) $3,625 $2,395 $2,395 $995

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—$4,015, or

(b) if a Registrar or an authorised officer has determined that the person may pay a reduced fee under section 2.06A—$2,005

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.

Administrative law: Privacy

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In addition to its jurisdiction under the Administrative Decisions (Judicial Review) Act 1977 to review a determination of the Information Commissioner, the Court has jurisdiction to enforce a determination of the Commissioner.

The key features of the Court's jurisdiction under the Privacy Act 1988 are:

  • If there is no relevant privacy code in place, the Australian Privacy Principles apply.
  • If you are not satisfied with the way in which an organisation or agency is handling your personal information, you should take up your concern with the relevant organisation in the first instance.
  • If the organisation or agency does not respond to your complaint or you are not happy with their response, you can lodge a complaint with the Information Commissioner.
  • The emphasis is intended to be on conciliation of complaints, but where this is not possible, the Commissioner must make a determination on the complaint.
  • Determinations may be reviewed under the Administrative Decisions (Judicial Review) Act 1977.
  • Determinations may be enforced by application to the Court (or the Federal Court).
  • Enforcement proceedings may be instituted by a complainant or the Commissioner.
  • Proceedings are by way of hearing de novo but evidence received by the Commissioner is available to the Court, as are the Commissioner’s reasons.
  • The Commissioner can issue a certificate which is prima facie evidence of a breach of the relevant privacy code or Australian Privacy Principles.
  • If an interference with privacy is established, the Court can make such orders as it sees fit, including a declaration of right or an injunction, for which there is to be no undertaking as to damages.

The Court also has jurisdiction in relation to the statutory tort for serious invasions of privacy (see Schedule 2 to the Privacy Act).

I want to enforce a privacy determination

To enforce a determination, you will need to file:

You may also file:

  • any written reasons for the determination from the Commissioner, and
  • a copy of any document that was before the Commissioner.

What do I have to pay to start a proceeding?

You will need to pay a filing fee to the Court when you file the application. 

In some circumstances, you may be exempted from paying court fees, for example, if you are a concession holder. You will need to apply for the exemption, using the Application for Exemption from Paying Court Fees – General. You can also apply for an exemption if paying court fees would cause you financial hardship, using the Application for exemption from paying Court fees or reduction - financial hardship (general federal law).

For the current fees and more information about applying for a fee exemption see Fees.

The filing fee is separate from legal fees you may need to pay your lawyer if you decide to use one for your matter.

Filing with the Court

Wherever possible, you must file court documents commencing or relevant to an existing matter online using eLodgment. You may also eLodge documents regarding a proceeding including draft orders, consent orders, and case management correspondence.  See the Federal Court website for information on how to use eLodgment

If it is not possible to file using eLodgment, you may be able to file your documents in person, by mail, or in certain circumstances by fax or email. Contact the Court if you are not sure how to file the documents.  

How do I notify the respondent?

After filing your application, you must 'serve' the application and each document you have filed on each other party. That means you must make sure that the other party receives the filed documents. At the hearing, the judicial officer will often ask for evidence that you have served the documents.

You can serve the documents by delivering them in person.

If the respondent is an organisation, corporation or partnership you may be able to send the documents by registered or express post to their registered office (see Division 10.1 of the General Federal Law Rules).

If you cannot serve the documents in person or the documents sent by post cannot be delivered, you can apply to the Court for an order that you may serve the documents in a different way, for example, by email. This is known as ‘substituted service’. You make that application by filing an Interlocutory Application with an accompanying Affidavit – General federal law and migration proceedings explaining why you want to serve the application in a different way. The Court will then consider whether to make an order for substituted service. If an order is made, you will need to serve the documents as set out in the order.

After the documents have been served, you will need to complete an Affidavit of service, which you should file with the Court (using eLodgment). The affidavit of service must be sworn or affirmed in front of a person authorised by law to witness the swearing of affidavits, such as a lawyer or Justice of the Peace. You should have a copy of the filed affidavit of service with you at the court hearing.

Response

Within 28 days after you serve the application, the respondent(s) will need to file and serve:

Discontinuance

An applicant can choose to discontinue the application at any time before the first court date or, if the proceeding is continuing on pleadings, any time before the pleadings have closed, by filing a Notice of discontinuance with the Court.

You will need the other party’s consent or the Court’s permission if you want to file a Notice of discontinuance if the first court date has occurred or pleadings have closed (see Rule 23.02 of the General Federal Law Rules).

Administrative law: Administrative decisions

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Seeking legal advice 

You should seek legal advice about your matter as soon as possible. A lawyer can help you understand your legal rights and responsibilities. They can also explain how the law applies to your case. Administrative law can be complex and it is important to obtain independent legal advice in relation to your situation.  

A community legal centre or legal aid may be able to assist you with advice. 

Decisions under Administrative Decisions (Judicial Review) Act 

Under the Administrative Decisions (Judicial Review) Act 1977, the Federal Circuit and Family Court of Australia (Division 2) (the Court) can review a decision made by a person exercising a ‘public function’ on any one or more of the following grounds:

  • that a breach of the rules of natural justice occurred in connection with the making of the decision
  • that procedures that were required by law to be observed in connection with the making of the decision were not observed
  • that the person who purported to make the decision did not have jurisdiction to make the decision
  • that the decision was not authorised by the enactment in pursuance of which it was purported to be made
  • that the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made
  • that the decision involved an error of law, whether or not the error appears on the record of the decision
  • that the decision was induced or affected by fraud
  • that there was no evidence or other material to justify the making of the decision
  • that the decision was otherwise contrary to law.

Appeals from the Administrative Review Tribunal

The Federal Court may, on your application or on its own initiative, transfer to the Court any proceeding that is an appeal from the Administrative Review Tribunal (ART). The Court will then have power to make orders in the case even if it would not otherwise have jurisdiction (section 179(4) of the Administrative Review Tribunal Act 2024) (Cth)).

The Federal Court may transfer to the Court an appeal from a decision by a member of the ART: see section 179 of the Administrative Review Tribunal Act 2024 (Cth).

For a review of a decision of the ART in relation to migration proceedings, refer to Migration law.

I want to apply under the Administrative Decisions (Judicial Review) Act

You will need to file:

You must file your application within 28 days from notification of the decision or of the reasons for the decision (whichever is the later). If you are out of time and want to apply for an extension of time within which to apply, you must also file:

What do I have to pay to start a proceeding?

You will need to pay a filing fee when you file the application. 

In some circumstances, you may be exempted from paying court fees, for example, if you are a concession holder. You will need to apply for the exemption, using the Application form for Application for Exemption from Paying Court Fees – General. You can also apply for an exemption if paying court fees would cause you financial hardship, using the Application for exemption from paying Court fees or reduction - financial hardship (general federal law).

For the current fees and more information about applying for a fee exemption see Fees.

The filing fee is separate from legal fees you may need to pay your lawyer if you decide to use one for your matter.

Filing with the Court

Wherever possible, you must file court documents online using eLodgment. You may also eLodge documents regarding a proceeding including draft orders, consent orders, and case management correspondence. 

See the Federal Court website for information on how to use eLodgment.

If it is not possible to file using eLodgment, you may be able to file your documents in person, by mail, or in certain circumstances by fax or email. Contact the Court if you are not sure how to file the documents.

How do I notify the respondent?

Within 5 days after filing your application, you must serve a copy of each document on each other party. That means you must make sure that the other party receives the filed documents. At the hearing, the judicial officer will often ask for evidence that you have served the documents.

You can serve the documents by delivering them in person. If the respondent is an organisation, corporation or partnership you may be able to send the documents by registered or express post to their registered office (see Division 10.1 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025).

If you cannot serve the documents in person or the documents sent by post cannot be delivered, you can apply to the Court for an order that you may serve the documents in a different way, for example, by email. This is known as ‘substituted service’. You make that application by filing an Interlocutory Application with an accompanying Affidavit – General federal law and migration explaining why you want to serve the application in a different way. The Court will then consider whether to make an order for substituted service. If an order is made, you will need to serve the documents as set out in the order.

After the documents have been served, you will need to complete an Affidavit of service, which you should file using eLodgment. The affidavit of service must be sworn or affirmed in front of a person authorised by law to witness the swearing of affidavits, such as a lawyer or Justice of the Peace. You should have a copy of the filed affidavit of service with you at your court hearing.

The respondent may choose to file a response before the first court date. If the respondent files a response, it must be filed and served within 28 days after the application was received.

Interlocutory Application

If you want to make an interlocutory application in the proceeding before final orders have been made, you should file an Interlocutory Application. The application must be supported by an Affidavit – General federal law and migration unless the evidence relied on is already before the Court in an affidavit. The interlocutory application and supporting affidavit must be served on all persons against whom the order is sought.

My appeal from the ART has been transferred to the Court

An appeal from a decision of the ART does not affect the operation of the decision or prevent action being taken to implement the decision.

If you want the decision to be stayed until the appeal is decided, you will need to file an Interlocutory Application seeking an order that stays the ART decision.

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