Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to subregulations (1A) and (7), the following fees are payable in respect of proceedings under the Act (other than proceedings in the Family Court of Australia or the Federal Magistrates Court):
(a) for a divorce order in relation to a marriage or a decree of nullity of marriage:
(i) a filing fee of $500; and
(ii) if the proceedings are defended -- a hearing fee of $300;
(b) for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage:
(i) a filing fee of $500; and
(ii) if the proceedings are defended -- a hearing fee of $300;
(c) in relation to financial or Part VII proceedings:
(i) a filing fee of $150 for each of the following applications:
(A) an Application for Final orders;
(B) a Response to an application for Final orders; and
(ii) for an application for final orders that is defended -- a hearing fee of $300;
(d) for an appeal under section 96 of the Act from a decree of a court of summary jurisdiction -- a hearing fee of $300.
Note 1 The term financial or Part VII proceedings is defined in s 4 (1) of the Act.
Note 2 The fees payable under this subregulation are subject to increase under Part IIAA.
(1AA) Subject to subregulations (1A) and (7), the following fees are payable for proceedings under the Act in the Family Court of Australia:
(a) for a divorce order in relation to a marriage or a decree of nullity of marriage:
(i) a filing fee of $639; and
(ii) if the proceedings are defended -- a hearing fee of $500;
(b) for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage:
(i) a filing fee of $639; and
(ii) if the proceedings are defended -- a hearing fee of $500;
(c) in relation to financial or Part VII proceedings:
(i) a filing fee of $145 for each of the following applications:
(A) an application for final orders;
(B) a response to an application for final orders; and
(ii) for an application for final orders that is defended -- a hearing fee of $500.
(d) for an appeal under section 96 of the Act from a decree of a court of summary jurisdiction -- a hearing fee of $500.
Note 1 The term financial or Part VII proceedings is defined in subsection 4 (1) of the Act.
Note 2 The fees payable under this subregulation are subject to increase under Part IIAA.
(1A) The filing fee payable for a proceeding for a divorce order in relation to a marriage is $405 if the proceeding is:
(a) instituted in a prescribed court mentioned in paragraph 10A (a) or (c); or
(b) instituted in another court for transfer to a prescribed court mentioned in paragraph 10A (a) or (c).
Note The fee payable under this subregulation is subject to increase under Part IIAA.
(2) The person liable to pay a fee is:
(a) the person initiating the proceedings in respect of which the fee is payable; or
(b) if the court, a Judge or a registrar so orders:
(i) another party to the proceedings; or
(ii) each of 2 or more of the parties to the proceedings, including the person initiating the proceedings, in the proportions ordered.
(3) A filing fee is payable at the time when the application is filed.
(4) A hearing fee is payable:
(a) if the Court or Registrar directs a time within which the fee must be paid -- within that time; or
(b) in any other case -- at the time when a date is fixed for the hearing of the proceedings.
(5) Subject to subregulation (7), a registrar must not accept an application for filing in the office of a court unless any filing fee payable under subregulation (1), (1AA) or (1A) has been paid.
(6) Subject to
subregulation (7), if, in relation to an application,
a hearing fee payable
under subregulation (1) or (1AA) is unpaid:
(a) the court, a Judge, or a registrar may order that no proceedings, or no proceedings other than specified proceedings, are to take place, except by leave, in the matter to which the application relates; and
(b) a person other than the person liable to pay the fee may pay the fee without affecting any power of the court, a Judge, or a registrar to make an order for costs for the fee; and
(c) the court, a Judge, or a registrar may vacate the date fixed for hearing.
(7) A fee referred to in subregulation (1), (1AA) or (1A) is not payable if:
(a) the fee has been paid in respect of the proceedings by a person other than the person liable to pay the fee; or
(b) in relation to a fee payable under paragraph (1) (a) or (b), paragraph (1AA) (a) or (b) or subregulation (1A) -- the divorce order, decree of nullity of marriage, or declaration mentioned in paragraph (1) (b) or (1AA) (b) (whichever is applicable) was made under the Act or the repealed Act.
(c) the person liable to pay the fee has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney‑General, for the matter to which the proceedings relate; or
(d) the applicant is, at the time the application is filed or a date is fixed for the hearing of the proceedings (as the case requires):
(i) the holder of one of the following cards issued by Centrelink:
(A) a health care card;
(B) a health benefit card;
(C) a pensioner concession card;
(D) a Commonwealth seniors health card; or
(ii) the holder of any other card issued by Centrelink or the Department of Veterans' Affairs that certifies entitlement to Commonwealth health concessions; or
(iii) an inmate of a prison or otherwise lawfully detained in a public institution; or
(iv) a child under the age of 18 years; or
(v) in receipt of a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991 ; or
(vi) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
(e) a registrar, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay the fee, waives payment of the fee because, in his or her opinion, it would cause financial hardship to the person.
Note Regulation 16A makes provision in relation to the review of a decision of a registrar under paragraph (7) (e).
(7A) For subparagraphs (7) (d) (i) and (ii), holder of a card does not include a dependant of the holder of the card.
(8) If:
(a) a fee referred to in subregulation (1), (1AA) or (1A) has been paid; and
(b) the fee is not payable under subregulation (7);
a registrar must refund to the applicant, or other person who paid the fee, an amount equal to the amount of the fee.
(9) Upon written notice to a Registrar, a person who has paid a hearing fee is entitled to a refund of the fee if:
(a) notice that the hearing for which the fee was paid will not proceed is given to the Registrar:
(i) if the hearing date was fixed less than 10 working days before that date -- at least 2 working days before that date; or
(ii) in any other case -- at least 20 working days before the hearing date; and
(b) the hearing:
(i) does not proceed; or
(ii) is conducted only to formalise the making of final orders.