By Elizabeth Pathmaraj – Senior Associate
The Federal Circuit and Family Court of Australia family law court filing and court fees have increased effective from 1 July 2022. A link to the court media release can be found here: https://www.fcfcoa.gov.au/news-and-media-centre/latest-news/fl-fees-increase-2022
All family law filing fees and court fees are being increased and range between $5 to $70.
Practitioners need to be alert to the change when preparing updated cost estimates and consider whether clients are eligible for an exemption of court fees. A link to the guidelines for exemption of court fees can be found here: https://www.fcfcoa.gov.au/fl/pubs/guidelines-exemption-fees
Applications for Divorce and Decree of Nullity are not eligible for exemption of court fees however, clients may be eligible to pay a reduced fee. A link to the guidelines for reduced fees for Application for Divorce and Decree of Nullity can be found here: https://www.fcfcoa.gov.au/fl/pubs/guidelines-reduced-fee-divorce-nullity
The table below outlines the current fees and the new fees from 1 July 2022:
| Filing fees | Current fees | New fees from 1 July |
| Application for divorce | $940 | $990 |
| Application for divorce — reduced fee | $310 | $330 |
| Application for consent orders | $170 | $180 |
| Application for decree as to nullity | $1,335 | $1,405 |
| Application for decree as to nullity – reduced fee | $445 | $465 |
| Application as to validity of Marriage, Divorce Annulment | $1,335 | $1,405 |
| Initiating Application (Parenting OR Financial, Final only) | $365 | $385 |
| Initiating Application (Parenting OR Financial, Final AND Interim) | $490 | $515* |
| Initiating application (Parenting AND Financial, Final only) | $595 | $625 |
| Initiating Application (Parenting AND Financial, Final AND Interim) | $720* | $755* |
| Response to initiating application (Final) | $365 | $385 |
| Notice of appeal to the full court including an appeal from the Federal Circuit Court | $1,425 | $1,500 |
| Interim order application/Application in a case (Parenting AND/OR Financial) | $125 | $130 |
| Issue subpoena | $55 | $60 |
| Application under the Trans Tasman Proceedings Act 2010 | $125 | $130 |
| Filing an application to register a New Zealand judgment | $110 | $115 |
Court event fees | ||
| Setting down for hearing fee (defended matter) (This fee is not refundable) | $660 $900 | $695 (Div 2) $945 (Div 1) |
| Daily hearing fee (for each hearing day, excluding the first hearing day) | $660 $900 | $695 (Div 2) $945 (Div 1) |
| Conciliation conference | $415 | $435 (Both) |
