Starting a court proceeding in Victoria or in the Federal Circuit and Family Court of Australia means paying a filing fee before your matter can even be listed. These fees vary considerably depending on which court you are in, what kind of application you are making, and whether you are an individual, a concession card holder, or a corporation. Knowing roughly what to expect before you commit to litigation helps you budget properly and avoid an unwelcome surprise at the registry counter.
Which court will hear your matter
Victoria has a tiered court system for civil disputes. The Magistrates' Court generally deals with claims up to one hundred thousand dollars, the County Court sits above that, and the Supreme Court of Victoria handles the largest and most complex civil matters as well as certain specialist applications. The Victorian Civil and Administrative Tribunal, usually called VCAT, is a separate tribunal that deals with matters like residential tenancies, owners corporation disputes, and planning appeals, generally at a lower cost and with less formality than a court. Family law matters fall under the Federal Circuit and Family Court of Australia rather than a Victorian court at all.
How fees are structured
Most courts charge a different fee depending on whether you are an individual paying the standard rate, a corporation, which usually pays a higher rate, or a concession card holder, who typically pays a significantly reduced rate. Beyond the initial filing fee, many courts also charge separate fees for later steps in a proceeding, such as setting a matter down for trial or the first day of an actual hearing, and these can add substantially to the overall cost of running a contested matter through to judgment.
Fees change every year
Almost every court and tribunal fee referenced in this calculator is reviewed annually, generally taking effect from the first of July, and the Magistrates' Court and VCAT fees in particular are tied to a Victorian fee unit that is itself indexed each year. This means the dollar figures shown here have a shelf life, and a fee that was correct in one financial year may already be out of date in the next. Always treat the figures as a guide for early planning rather than a final number to rely on when you are about to file.
Frequently Asked Questions
Do I get a refund if my case settles before trial?
Filing fees are generally not refunded once paid, though some later stage fees, such as a hearing fee, may not become payable at all if the matter resolves before that stage is reached. Ask your lawyer about the specific fee structure for your matter.
What is a concession rate and who qualifies?
Most Victorian courts and VCAT offer a reduced fee to holders of an eligible government concession card, such as a health care card or pensioner concession card. You will usually need to present the card or provide its number when filing.
Are these fees the same as legal costs?
No. Filing fees are paid to the court or tribunal itself and are separate from your lawyer's professional fees, barrister's fees, and other disbursements such as expert reports. This calculator only estimates the court's own fees.