Fees and costs for civil proceedings

Procedural steps within a common law or commercial case require parties to pay fees to the court. Parties that are legally represented will also have to pay costs and charges for professional services.

Forms and fees:

How are fees paid?

Payment methods for court fees vary depending on the type of document or application being submitted. Generally, payment can be made:

  • electronically when eFiling a document or paying a hearing fee
  • by credit card (an authorisation form can be completed and emailed along with the relevant application)
  • in cash
  • by bank cheque
  • by money order
  • by solicitor’s cheque.

Solicitors can make payments when filing civil documents using Civil eFiling.

Types of fees

Corporate

A corporate fee payer is a corporation with a turnover of $200,000 or more in the previous financial year. This also includes public sector applicants.

Standard

A standard fee payer is:

  • a natural person not acting in the capacity of a statutory office holder
  • an entity with a turnover of less than $200,000 in the financial year before the financial year in which a fee needs to be paid
  • an executor or administrator of a deceased estate
  • a not-for-profit organisation that operates solely for charitable, civil or other social purposes and does not share funds or profits with owners, shareholders or executives of the organisation.

If you are not representing yourself and wish to apply for a standard rate, the Statement of standard/concession fee payer must be provided to Registry along with your document or application.

For documents and applications submitted via CITEC eFiling, the system will prompt you to provide appropriate information. This must be done each time you wish to pay the standard rate.

Concession

A concession fee payer is a person who holds a current health care card within the meaning of the Social Security Act 1991 of the Commonwealth at the time a fee is payable.

To apply for a concession rate, the Statement of standard/concession fee payer and a valid health care card must be provided along with your document or application.

For documents and applications submitted via CITEC eFiling, the system will prompt you to provide appropriate information. This must be done each time you wish to pay the concession rate.

Fee waivers

A fee may be automatically waived if, at the time the fee is payable, the person or other entity is:

  • under 18 years of age
  • granted legal aid under a legal aid scheme
  • legally represented in a proceeding under specified pro bono schemes
  • serving a sentence of imprisonment
  • facing financial hardship, pursuant to section 79A(6) of the County Court Act 1958.

To apply for a fee waiver, the Application for fee waiver and statutory declaration form must be completed and filed with Registry along with the application or document you are submitting.

Court fees

The following tables show all fees applicable for civil proceedings. A list of these processes and fees can be found in the County Court (Fees) Regulations 2018.

The fee amounts are effective from 1 July 2020.

Commencement fees

Item no. Item description Corporate Standard Concession
1 Writ, Originating motion, Counterclaim, Defence and counterclaim, Notice to a third/fourth party $1,451.40 $725.70 $256.20
2 Adoption and substitute parentage order application N/A $493.20 $256.20
3 Births, Deaths and Marriages Registration Act 1996 application N/A $555.40 $256.20
4 Writ or Originating motion in the Commercial Division Expedited List $2,902.80 $1,451.40 $256.20
5 Transfer into the Commercial Division Expedited List $1,451.40 $725.70 $256.20
6 Transfer of a matter from the Magistrates' Court of Victoria (the fee is reduced by the amount of the filing fee paid to the Magistrates’ Court) $1,451.40 $725.70 $256.20

Case management fees

Item numbers marked with * include a first hearing day

Item no. Item description Corporate Standard Concession
7* Summons and interlocutory applications $1,110.80 $555.40 $256.20
8 Ex parte applications $250.30 $124.40 $62.20
9 Mediation – JRC/JMC/JSC $555.40 $277.00 $137.70

Other application fees

Item numbers marked with * include a first hearing day

Item no. Item description Corporate Standard Concession
10* Appeal from, or review of, a judicial registrar’s decision $1,110.80 $555.40 $256.20
11* Summons for attachment of debt (garnishee) (order 71) $1,110.80 $555.40 $256.20
12* Summons for oral examination (rule 61.04) $1,110.80 $555.40 $256.20
13 Order for oral examination (rule 67.02) $111.10 $56.30 $28.10
14 Warrant of seizure and sale $111.10 $56.30 $28.10
15 Warrant of possession of land $111.10 $56.30 $28.10
16* Filing for an attachment of earnings (order 72) $1,110.80 $555.40 $256.20
17 Creditor and debtor applications under the Judgment Debt Recovery Act 1984 (order 61) $72.60 $35.50 $17.80
18* and 19* For each sitting of a judicial officer or court official: taking of accounts/assessment of damages $1,110.80 $555.40 $256.20

Hearing fees

Item no. Item description Corporate Standard Concession
20 Setting down for trial $1,335.90 $668.00 $256.20
21 First trial day $1,036.70 $518.40 $256.20
22 Trial days 2, 3 and 4 (per day) $1,481.00 $740.50 $256.20
23 Trial days 5, 6, 7, 8 and 9 (per day) $2,369.60 $1,184.80 $256.20
24 Trial day 10 and subsequent days (per day) $3,258.20 $1,629.10 $256.20
25 Other hearing fee $1,036.70 $518.40 $256.20

Administrative fees

Item no. Item description Corporate Standard Concession
26 Search for paper files $72.60 $35.50 $17.80
27 Search for electronic files with copy $14.80 $14.80 $14.80
28 Certificate of registrar $14.80 $14.80 $14.80
29 To register an interstate judgment $45.90 $23.70 $14.80
30 Issue of subpoena $88.90 $44.40 $22.20
31 Photocopy or printing (per page) 60 cents 60 cents 60 cents

Jury trial hearing fees

The following table provides a list of the hearing fees specific to jury trials. The provisions for jury trial hearing fees are located in the Juries (Fees) Regulations 2012 SR 106/2012.

The fee amounts are effective from 1 July 2019.

Process description Fee
First day jury fee before due date $804.20
Jury fee – second, third, fourth, fifth, sixth (per day) $577.60
Jury fee – seventh day and subsequent days (per day) $1146.30

The Court's costs scale is 80% of the Supreme Court of Victoria's costs scale

The definition of the Court's costs scale is defined under rule 1.13 ‘Definitions’ of the County Court Civil Procedure Rules 2018 S.R. No. 148/2008.

The County Court of Victoria's costs scale means a fee, charge or amount that is 80 per cent of the applicable rate set out in ‘Appendix A’ to ‘Chapter I’ of the Rules of the Supreme Court; or in the case of a circuit fee, the amount set out in ‘Schedule 1’ of the County Court Civil Procedure Rules 2018.

Costs on judgment in default of appearance or defence

To determine costs for a default judgment application, the amount that can be claimed is 80 per cent of the applicable default judgment costs set out by the Supreme Court.

The following table sets out the current cost amounts that can be claimed for a default judgment in the County Court.

The costs are effective as of 14 December 2018.

Commercial Division

Corporate Standard Concession
Matters commenced in the Commercial Division on or after 1 July 2019 $3,771.40 $3,045.70 $2,576.20
Matters commenced in the Commercial Division between 14 December 2018–30 June 2019 $3,736.10 $3,028.10 $2,570.00
Matters commenced in the Commercial Division prior to 14 December 2018 $3,185.60 $3,185.60 $3,185.60

Commercial Division Expedited List

Corporate Standard Concession
Matters commenced in the Commercial Division Expedited List on or after 1 July 2019 $5,222.80 $3,771.40 $2,832.40
Matters commenced in the Commercial Division Expedited List between 14 December 2018–30 June 2019 $3,561.50 $2,940.75 $2,570.00
Matters commenced in the Commercial Division Expedited List prior to 14 December 2018 $3,185.60 $3,185.60 $3,185.60

Common Law Division

Corporate Standard Concession
Matters commenced in the Common Law Division on or after 1 July 2019 $3,771.40 $3,045.70 $2,576.45
Matters commenced in the Common Law Division between 14 December 2018–30 June 2019 $3,736.10 $3,028.10 $2,570.00
Matters commenced in the Common Law Division prior to 14 December 2018 $3,185.60 $3,185.60 $3,185.60

Additional costs allowed to the above costs

Corporate Standard Concession
For each additional defendant $608.00 $608.00 $608.00
Matters including an application for substituted service in the Commercial Division, Commercial Division Expedited List or Common Law Division and the fee was paid on or after 1 July 2019 $1,164.80 $1,164.80 $1,164.80
Matters including an application for substituted service in the Commercial Division, Commercial Division Expedited List or Common Law Division and the fee was paid between 14 December 2018–30 June 2019 $1,260.60 $1,137.40 $1,076.70
Matters including an application for substituted service in the Commercial Division, Commercial Division Expedited List or Common Law Division and the fee was paid prior to 14 December 2018 $1,266.30 $1,140.40 $1,078.20

Penalty interest rates

The Penalty Interest Rates Act 1983 makes provision for rates of interest payable on unpaid monies arising from a judgment or order. The following attachment provides the current penalty interest rates with reference to previous rates and their commencement dates.

Current rate Effective date
10% 1 February 2017
Previous rates Effective date
9.5% 1 June 2015
10.5% 11 August 2014
11.5% 3 February 2014
10% 7 October 2013

Warrants of enforcement

The total amount of costs that can be claimed on a warrant of execution is 80 per cent of the applicable costs of each claimable item found within the Supreme Court (Chapter I Appendices A and B Amendment) Rules 2017. The following table provides the current total cost amount that can be claimed for a warrant of execution in the County Court of Victoria.

Corporate Standard Concession
County Court costs for a warrant of seizure and sale or a warrant of possession $1,426.10 $1,371.30 $1,343.10

Sheriff’s charges for enforcement of an order

Section 11 of the Sheriff Regulations 2009 provides for fees to execute or attempt to execute warrants.

All fees in the following schedule are payable by cheque to the Sheriff’s Office and are effective from 1 July 2018.

Process description Fee
Warrant of execution $198.10
Warrant for possession $207.40
Combined warrant $253.30

Jurisdictional limits

Jurisdiction Limit
Magistrates' Court of Victoria $100,000 (for matters issued from 1 January 2005)
County Court of Victoria Unlimited (for matters issued from 1 January 2007)
Supreme Court of Victoria Unlimited

Was this page helpful?

Page last updated: 27 August 2020