Senate strikes down July filing fee increases in Federal Circuit Court and Family Court of Australia
As outlined previously, on 13 July 2015 the Federal Circuit Court and Family Court of Australia increased their filing fees.
This increase commenced by way of the introduction of the Family Law (Fees) Amendment (2015 Measures No. 1) Regulation 2015 made under section 120 of the Federal Court of Australia Act with the explanatory memoranda stating that the regulations were introduced to put the Courts “on a sustainable financial footing.”
However, despite this being the second attempt to bring in the regulation, the Senate has struck down the Family Law (Fees) Amendment (2015 Measures No. 1) Regulation 2015. As a result, filing fees in the Federal Circuit Court and Family Court of Australia returned to the rates applicable prior to 25 July 2015. These rates are as follows:
- Full divorce fee in the Federal Circuit Court of Australia $845
- Full divorce fee in the Family Court of Australia from $1,195
- Fees for consent orders $155
- Fees for issuing subpoenas $55
All other existing family law fee categories that were increased by an average of 11% have been reduced to their previous rate, and the new fee category that was created for the filing of amended applications will no longer be in use.
View the full list of updated fees for the Federal Circuit Court and the Family Court of Australia.