Payment of court fees - Request for refund

Section 2.12 of the Family Law (Fees) Regulations 2022 sets out when a family law fee is refunded. You are entitled to a refund if you paid more than the fee required, if the fee had already been paid by someone else or was not payable at all. Hearing fees are refundable if you notify the court in writing in time that the hearing will not occur (or will occur only to make final orders), and for hearing days not used after a hearing starts. A conciliation conference fee is refundable if the case settles or is discontinued before the conference. A setting-down fee is not refundable when the hearing does not take place, and the court's form page notes that a filing fee is not refunded because an application is discontinued or withdrawn.

When you need it

• You paid a full fee when you were entitled to an exemption or a reduced divorce fee at the time of payment.
• Your case settled or was discontinued and you had paid a hearing fee or conciliation conference fee for a day that did not proceed.
• A fee was paid twice or was not payable, or you are seeking the return of a security deposit (a copy of the order is required).

1. 1

   File and applicant details

   Give the file number, client ID, file name and date filed, then your name, address, phone and email, and your solicitor's details if you have one.

2. 2

   Fee for which a refund is sought

   Mark the form, court event or appeal fee (for example divorce application, initiating application, response, subpoena, consent orders, hearing fee, conciliation conference, appeal to the Full Court or security deposit) and who paid it.

3. 3

   Bank account details

   Give the account name, bank, BSB, account number and an email for remittance. Where the fee was paid online, the court will try to refund the original card, but bank details must still be given.

4. 4

   Reason for the refund

   Tick the reason: fee exemption or divorce fee reduction (financial hardship or general), conciliation conference or hearing fee where the case settled or did not proceed, security deposit, or other. For an exemption or reduction, attach the completed exemption or reduction application showing you were eligible.

5. 5

   Receipt, evidence and signature

   Attach a copy of the fee receipt and any evidence, then sign and date. The court completes the approval section.

• Send the request by email or post to the registry where the proceeding is being heard; addresses are on the court's locations page.
• To obtain a hearing fee refund for a hearing that has not started, notify the Registrar or authorised officer in writing at least 10 business days before the hearing day, or at least 2 business days before if the hearing day was fixed less than 10 business days ahead (s 2.12(6)).
• If you missed that notice through no fault of your own, the Registrar may still refund the hearing fee (s 2.12(7)). That decision is reviewable by the Administrative Review Tribunal (s 2.14).

• Tell the court promptly when a matter settles. The refund of a hearing fee depends on written notice in time.
• The form still refers to review by the Administrative Appeals Tribunal; the current regulations refer to the Administrative Review Tribunal (ART).
• Giving false information to obtain a refund is an offence under the Criminal Code, as the form warns.