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What Family Court Fees Will I Pay?

Updated: Sep 5, 2022

When you apply to the Federal Circuit and Family Court of Australia for family law proceedings, you should be aware that there are court fees. The cost for legal advice and legal representation will be in addition to the court fees stated below.


In some cases, the total court fees will be thousands of dollars depending on your case, the division your proceedings are heard in and how long proceedings run for.

 

Family Law Court Fees and Hardship Relief

If you:

  • have a health care card or low-income card;

  • have a pensioner concession card;

  • have a Commonwealth seniors health card;

  • have a card issued by the Department of Human Services or the Department of Veterans’ Affairs that shows your entitlement to health concessions;

  • are an inmate of a prison or otherwise legally detained in a public institution; or

  • can otherwise show you are in financial hardship;

you may be exempt from court fees or in the case of a divorce, there is a reduced fee.


The Latest Family Law Court Fees

See the latest court fees here:


Yearly Court Fee Increases

Family law court fees increase on 1 July of each year, so you can save some money if you file on or before the end of the current financial year.


Who Pays the Court Fees?

The person who initiates family law court proceedings will almost always pay the highest court fees. The person who responds to court proceedings will also have some fees, however, these will be lower than the person who initiates proceedings.

 

Federal Circuit & Family Court of Australia - Court Fees (Family Law)

If you initiate or respond to family law proceedings in the Federal Circuit and Family Court of Australia you can expect to pay the below court fees. If your matter settles before a final hearing the fees will be less or if your matter requires the issue of subpoena, an interim application\hearing or further trial days, the court fees will be more.


Initiating Proceedings (Financial or Parenting) Court Fees

Initiating Application (Financial or Parenting) with Final Orders Only $385.00.

Initiating Application (Financial or Parenting) with Interim and Final Orders $515.

Initiating Application (both Financial & Parenting) with Final Orders Only $625.

Initiating Application (both Financial & Parenting) with Interim and Final Orders $755.00.


Responding to Proceedings Court Fees

Response with final orders $385.


Interim Application\Hearing Court Fees

Interim Order Application or an Application in a Proceeding court fee $130.


Final Trial Court Fees

Setting Down Fee for a Final Hearing Division 2 (non-refundable) $695.00.

Daily Hearing Fee a Final Hearing Division 2 (for each day after the first day) $695.00.


Setting Down Fee for a Final Hearing Division 1 (non-refundable) $945.00.

Daily Hearing Fee a Final Hearing Division 1 (for each day after the first day) $945.00.


Conciliation Conference Court Fees

For a Conciliation Conference in both Division 1 and Division 2 the court fee is $435.00.


Subpoena Court Fees & Other Costs

  • To issue each subpoena $60.00.

  • If you issue a subpoena, the minimum conduct money payable is $25.00 for documents or a higher amount for the reasonable administration costs of complying with a subpoena.

  • If you issue a subpoena requiring a person to attend Court as a witness, you must provide $75.00 per day, and fees for travel on public transport, or if public transport is not available, .80 cents per kilometer required to be travelled between the witnesses place of employment or residence and the court.


Other Family Court Fees You May Incur

Other common family court fees include:

  1. An expert witness to prepare a report and give evidence at Court;

  2. An expert witness to prepare a report for use in court proceedings;

  3. The issue of one or more subpoenas to require documents be provided;

  4. The issue of one or more subpoenas requiring a witness to attend court; or

  5. To seek interim orders or an application in a case that requires a court order or court attention.

Divorce Fees

The court application fee for an Application for Divorce is $990.00 or if eligible for the reduced court fee of $330.00.


Annulling a Divorce

If you seek to annul a divorce, the court fee is $1,405.00.


Last updated 5 September 2022

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