Federal Court and Federal Circuit and FAmily Court Amendment (Filing Fees) Regulations 2026

EXPLANATORY STATEMENT
 

Issued by authority of the Attorney-General

under section 285 of the Federal Circuit and Family Court of Australia Act 2021

Purpose and operation of the Instrument

Section 285 of the Federal Circuit and Family Court of Australia Act 2021 (FCFCOA Act) provides that the Governor-General may make regulations prescribing the fees payable in respect of proceedings in the Federal Circuit and Family Court of Australia (FCFCOA). The Attorney-General is the relevant rule-maker for the purposes of section 6 of the Legislation Act 2003.

The FCFCOA charges fees on behalf of the Commonwealth for services, including the filing of applications for matters, to contribute towards the cost of running the courts. The fees charged by the FCFCOA (other than fees for family law proceedings) are set out in Part 2 of Schedule 1 of the Federal Court and Federal Circuit and Family Court Regulations 2022 (the Principal Regulations).

This instrument seeks to clearly prescribe filing fees for certain types of small claims proceedings brought under section 199 of the National Consumer Credit Protection Act 2009 (the NCCP Act).

The instrument is a legislative instrument for the purposes of the Legislation Act 2003. The proposed Regulations will commence on the day after the instrument is registered.

Consultation

Consistent with the requirements of section 17 of the Legislation Act 2003, consultation was undertaken with the FCFCOA and the Department of the Treasury (which has responsibility for the NCCP Act).

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Federal Court and Federal Circuit and Family Court Amendment (Filing Fees) Regulations 2026

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

Section 285 of the Federal Circuit and Family Court of Australia Act 2021 (FCFCOA Act) provides that the Governor-General may make regulations prescribing the fees payable in respect of proceedings in the Federal Circuit and Family Court of Australia (FCFCOA). The Attorney-General is the relevant rule-maker for the purposes of section 6 of the Legislation Act 2003.

The FCFCOA charges fees on behalf of the Commonwealth for services, including the filing of applications for matters, to contribute towards the cost of running the courts. The fees charged by the FCFCOA (other than fees for family law proceedings) are set out in Part 2 of Schedule 1 of the Federal Court and Federal Circuit and Family Court Regulations 2022 (the Principal Regulations).

This legislative instrument seeks to clearly prescribe filing fees for certain types of small claims proceedings brought under section 199 of the National Consumer Credit Protection Act 2009 (the NCCP Act).

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

The fees introduced or clarified by this legislative instrument are commensurate with the existing fees for small claims proceedings. The fees are subject to the fee exemptions set out in Division 2.3 and Division 2.4 of the Principal Regulations, which specify when fees are not payable and allow for certain persons to be exempt from paying fees, including those experiencing financial hardship. This instrument does not engage the implied right to access to justice.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Attachment A

NOTES ON SECTIONS

PART 1 – Preliminary

Section 1 – Name

Section 1 provides that the title of the instrument is the Federal Court and Federal Circuit and Family Court Amendment (Filing Fees) Regulations 2026.

Section 2 – Commencement

Section 2 provides that the instrument commences on the day after the instrument is registered.

Section 3 – Authority

Section 3 provides that the instrument is made under the authority of the Federal Circuit and Family Court of Australia Act 2021.

Section 4 – Schedules

Section 4 provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

SCHEDULE 1 – Amendments

The Schedule 1 amendments each amend a fee item for the filing of an application in the Federal Circuit and Family Court of Australia (Division 2), as set out in Part 2 of Schedule 1 of the Principal Regulations, where the applicant indicates that the applicant wants the small claims procedure under the NCCP Act (NCCP small claim) to apply.

Item 1 – Part 2 of Schedule 1 (table item 213, column headed “Document or service”, paragraph (b))

Item 6 amends fee item 213, which applies to NCCP small claims where the claim is less than $10,000, to clarify that it applies where the total of all claims in the application is less than $10,000, and to NCCP small claims that are seeking a non-monetary remedy.

Item 2 – Part 2 of Schedule 1 (table item 214, column headed “Document or service”, paragraph (b))

Item 7 amends fee item 214, which applies to NCCP small claims where the claim is between $10,000 and $20,000, to extend its application to claims of up to $40,000, and to clarify that it applies where the total of all claims in the application is between $10,000 and $40,000. Previously no fee item was prescribed for NCCP small claims where the claim is between $20,000 and $40,000, which was an error in the Principal Regulations.

SCHEDULE 2 – Application

Schedule 2 inserts section 5.08 into the Principal Regulations, which provides that the amendments made by Schedule 1 to the instrument apply to applications filed on or after the commencement of that Schedule (which will be the day after the instrument is registered).