Changes to family law fees

Wed Dec 12 2012

The Family Law (Fees) Regulations 2012 (Cth) will introduce, on 1 January 2013, a single legislative instrument for fees for all courts exercising family law jurisdiction. This will see a variety of new fees introduced in the courts as well as changes to existing fees.

Key changes to family law fees

•*Removal of the reduced fee of $60 and the re-introduction of a full fee exemption (financial hardship) for eligible persons except in respect of divorce application where eligible persons will still be required to a reduced fee of $265.

• New fee of $350 for a conciliation conference (other than for those referred privately which will not attract a fee)

• A higher fee of $500 for those seeking both children and property orders

• New fee of $105 for filing of an interim order (this does not include procedural orders)

• A new fee of $50 for issuing a subpoena

• General increase to existing fees by approximately 20%

• Removal of refund for setting down fee - no longer refundable (this fee is equivalent to the fee for the first day of hearing).

The following matters do NOT attract a fee

• An application to set aside or object to the release / copying of subpoenaed material

• Child support applications

The following family law forms and publications will change as a result:

• Application for exemption from fees - general • Application for exemption from fees - financial hardship • Application for reduction of payment of divorce - general • Application for reduction of payment of divorce - financial hardship • Guidelines for reduced fee - divorce application • Worksheet for assessment of financial hardship • Payment of court fees - request for deferral • Notice of decision for deferral of court fees • Payment of court fees - request for a refund • Guidelines for exemption of court fees • Notice of decision for reduction/exemption of court fee on the basis of financial hardship • Subpoena fact sheet • Conciliation conference fact sheet • Applying to the court for orders • Appeal procedures - single judge • Appeal procedures - full court

The updated products will be released just prior to the Christmas break.

View the regulation and explanatory statement can be viewed at

The updated family law fees brochure can be viewed at:

12 December 2012

Contact InBriefReturn

If you no longer wish to receive In Brief, please notify the Bar Association's Certification Officer

InBrief welcomes advertisements relating to products, events or services, which assist barristers with their practice or support the objects of the Bar Association. Each day, a selection of InBrief articles is emailed to our members. To have an advertisement included a daily email broadcast costs $50 (inc. GST). Announcements must be paid in advance. For more information about the terms and conditions, or to arrange payment, please contact the Bar Association’s publications manager