Payment of court fees - Request for deferral

Section 2.10 of the Family Law (Fees) Regulations 2022 lets a Registrar or authorised officer defer payment of a fee that would otherwise have to be paid before filing or before a service is provided. A deferral may be granted where the need to file a document is so urgent that it overrides the requirement to pay first (this ground is not available for the fee for filing a response to an application for final orders), or where, considering your financial circumstances, it would be oppressive or otherwise unreasonable to require payment now. A deferred fee must be paid within 28 days, or another period approved in writing. A fee can be deferred more than once, conditions can be imposed, and a decision can be reviewed by the Administrative Review Tribunal (s 2.14).

When you need it

• You need to file a document urgently and cannot pay the filing fee in time.
• You can pay the fee, but not immediately, and paying now would be oppressive or unreasonable in your circumstances.
• Before using it, check whether you are eligible for an exemption from the fee instead, as the court's form page advises. A deferral only delays payment.

1. 1

   File details

   Give the file number, file name and date filed if the case is already under way.

2. 2

   Name and address

   Give your family and given names, address, postcode and phone number.

3. 3

   Which fee

   Mark the fee you want deferred: an application or response, setting-down fee, hearing fee, interim application, subpoena, conciliation conference, consent orders, an initiating application for parenting and financial orders, an appeal to the Full Court, or other.

4. 4

   Reason deferral is sought

   Explain why you need the deferral (urgency, financial circumstances or both) and when you will be able to pay. Attach a page if you need more space.

5. 5

   Sign and date

   Sign and date the request. The court completes the approval box. Making a knowingly untrue statement to obtain a benefit from the Commonwealth is an offence under the Criminal Code, as the form warns.

• File the request with the document for which the fee is payable, as the court's form page says.
• Where there is more than one applicant, all applicants must meet the requirements for the fee to be deferred.
• If deferral is approved, pay the fee within 28 days after the deferral, or within any other period the Registrar or authorised officer approves in writing (s 2.10(3)).
• The Registrar or authorised officer must give you written notice of the decision within 28 days (s 2.14).

• A deferred setting-down fee is still payable even if the hearing does not go ahead (note to s 2.10(3)).
• Unpaid hearing, setting-down or conciliation conference fees can lead to the hearing date being vacated or proceedings being stayed except by leave (s 2.11(4)), so diarise the new due date.
• Deferral applies only to court fees. GST does not apply to court fees.