New regulations covering most civil court fees in the Supreme Court of Victoria will commence on 30 September 2018.
The Attorney General issued a Regulatory Impact Statement in June proposing new regulations which set out new fees and a new fee structure. The new regulations have now been made and will commence on 30 September 2018, replacing the current regulations. The new fee regulations can be viewed here.
Fees (effective from 30 September 2018)
Fee categories (effective from 30 September 2018)
| Category | Definition |
|---|---|
| Corporate | A corporate fee payer means an entity other than a standard fee payer or a concession fee payer. |
| Standard |
A standard fee payer means: (a) a natural person other than a natural person acting in the capacity of a statutory office holder; (b) an entity which is not-for-profit organisation that - (i) operates exclusively for charitable, civil or other social purposes; and (ii) does not share or allocate the funds or profits of the organisation with the owners, shareholders or executives of the organisation; (c) any entity that has a turnover of less than $200,000 in the financial year before the financial year in which a fee needs to be paid; (d) the executor or administrator of a deceased estate. |
| Concession |
A concession fee payer means a person who holds a current health care card within the meaning of the Social Security Act 1991 at the time a fee is payable. |
If you are
- a not-for-profit organisation or
- an entity with a turnover of less than $200,000 a year or
- an executor or administrator of a deceased estate
and you wish to pay the Standard fee, you must complete and submit the Application for Standard or Concession Court fees form. If you are applying for a grant of representation, are a natural person or wish to pay the Corporate Fee, you are not required to fill in this form.
If you believe you are eligible for a Concession fee, you must complete and submit the Application for Standard or Concession Court fees form. A copy of your current health care card must be attached to that form.
In either case, you may be requested to provide further documentary evidence to support your claim. Following the submission of that form and until the end of your court proceeding, you will need to notify the Court if your circumstances change.
Fee waivers
A fee may be automatically waived, if, at the time the fee is payable, the person or other entity – (a) is legally represented in the proceeding under a pro bono scheme administered by or on behalf of the Victorian Bar, the Law Institute of Victoria or Justice Connect; (b) is legally represented in the proceeding on a pro bono basis by a member of the Federation of Community Legal Centres; (c) has been granted legal aid for the proceeding; (d) is serving a sentence of imprisonment or is otherwise detained in a detention facility; (e) is a person under the age of 18 years.
Fees for late filing, litigation searches, searching a file and photocopying cannot be waived under these categories and can only be waived on the grounds of financial hardship (in accordance with section 129(3) of the Supreme Court Act 1986).
If you believe you satisfy the eligibility criteria for an automatic fee waiver or wish to apply based on financial hardship, you must complete and submit the Application for Waiver of Court Fees form for assessment. You must ensure that you attach the requested documentation to that form.
You may be requested to provide further documentary evidence to support your claim. Following the submission of that form and until the end of your court proceeding, you will need to notify the Court if your circumstances change.
Refunds
No refund will be provided for setting down fees, hearing fees or mediation fees.
The difference in fees may be refunded if – (a) a fee higher than required was paid by mistake, or; (b) the applicant has paid the fee to commence a proceeding within a judge managed list of the Commercial Court and the proceeding is subsequently transferred to a lower court or removed from a judge managed list of the Commercial Court.
The Prothonotary or a Deputy Prothonotary may refund a fee if satisfied there are exceptional reasons justifying the refund of the fee in a particular case.
To make an application for a refund please contact the appropriate Supreme Court registry.