Federal Court Fee Increases

The Consumer Credit Legal Centre has made a submission to the Sanding Committee on Legal and Constitutional Affairs. The CCLC strongly believes that the dramatic increases in federal court fees since 2010 have a negative impact on low-income and vulnerable Australians and act as a barrier to accessing justice.  Courts provide an essential public service and as the cost of accessing justice goes up, it is the most vulnerable parties that will suffer the consequences.  The party with the least financial resources will always be the one that is the most disadvantaged in our legal system.

Our submission recommends:

1. Limits overall fee increases for litigants who are persons and not companies
2. Extends the General Exemption from paying Court Fees to include individuals who are represented by a Community Legal Centre (CLC) or pro bono.
3. Abolishes Deferral Systems due to the administrative burden caused.
   1. In the alternative, if deferral systems are to be kept then the following procedure should be used:

i.    All fees must be deferred for a pro bono or CLC represented party until judgment has been given, and

ii.    After judgment, fees are not to be taken from a pro bono or CLC represented party if:

1. Judgment is given against the party, or
2. Damages are not awarded or nominal damages are awarded, and costs are not awarded in favour of the party.

• These recommendations are in line with the NSW Civil Procedure Act 2005 and the “Guidelines for the waiver, remission and postponement of fees.”  Available at: http://www.lawlink.nsw.gov.au/lawlink/spu/ll_ucpr.nsf/pages/ucpr_publications