All Court fees payable to the Prothonotary, the Probate Office and the Court of Appeal will increase as of 1 July 2022.
Fees payable to the Court are provided for by the Supreme Court (Fees) Regulations 2018 and updated annually in accordance with the rate fixed by the Treasurer under the Monetary Units Act 2004.
The fee regulations commenced on 1 October 2018. Fees are payable to the Court and are provided for by the Supreme Court (Fees) Regulations 2018.
The fee lists outline the Court fees payable to the Prothonotary's Office, the Probate Office and the Court of Appeal.
Court fees are charged according to the following three categories - 'corporate', 'standard' and 'concession'.
|Corporate||A corporate fee payer means an entity other than a standard fee payer or a concession fee payer.|
A standard fee payer means:
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 meet one of the following criteria and you wish to pay the standard fee, you must complete and submit the Application for Standard or Concession Court fees form:
- A not-for-profit organisation.
- An entity with a turnover of less than $200,000 a year.
- An executor or administrator of a deceased estate.
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.
A fee may be automatically waived, if, at the time the fee is payable, the person or other entity 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.
- Legally represented in the proceeding on a pro bono basis by a member of the Federation of Community Legal Centres.
- Has been granted legal aid for the proceeding.
- Serving a sentence of imprisonment or is otherwise detained in a detention facility.
- 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 (see above), you must complete and submit the Application for Automatic Waiver of Court Fees for assessment.
If you are not eligible for an automatic fee waiver, you may still be eligible for a fee waiver on the basis that paying the relevant fee would cause you financial hardship. If you wish to apply for a fee waiver 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 may be granted in limited circumstances, however, no refund will be provided for hearing fees, mediation fees or fees paid to set down a proceeding for hearing or an appeal.
A partial refund may be granted where:
- A higher fee was paid by mistake. The difference between the fee payable and the fee paid by mistake may be refunded.
- A fee was paid 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 that judge managed list. In such cases, the difference between the relevant commencement fees may be refunded.
The Prothonotary or Deputy Prothonotary may also refund a fee if satisfied there are exceptional reasons justifying the refund of the fee in a particular case.
Refund request should include the following information:
- amount paid
- reasons a refund is sought
- proceeding number and/or RedCrest eFile ID (where applicable)
Refund requests should be emailed to firstname.lastname@example.org@sdnufer .
General fee FAQs
A list of frequently asked questions and answers for the fees payable to each of the three different Court areas.
What's the difference between court fees and legal costs?
Court fees are the charges or payments charged to commence and/or progress a court proceeding. This can include a Writ or Summons for Taxation of Costs or for the services of a court officer.
Legal costs are the professional fees and charges payable to a solicitor for providing legal services and include disbursements such as barrister's fees and expert reports. The successful party in a court proceeding can usually recover some legal costs from the unsuccessful party. See Costs Court for more information.
What methods of payment are accepted by the Court for the payment of fees?
The Supreme Court Registries accept the following payment methods:
- credit card
- money order
What is the difference between corporate, standard and concession rates?
Typically, the standard fee is 50% of the corporate fee and the concession fee is 50% of the standard fee, concession fees are capped to a maximum of $300.
Will I have to prove my fee category eligibility every time I file a document with a filing fee?
Fee category eligibility applies for the duration of your proceeding unless your circumstances change. For example, you no longer hold a Health Care Card or your business turn over increases. If your circumstances change, it is your responsibility to notify the Supreme Court of Victoria.
My circumstances have changed; can I change my fee category?
Yes. Please contact the appropriate Supreme Court Principal Registry for further advice.
If there are multiple parties, which fee category applies?
- If one or more of the parties is a corporate fee payer, the corporate fee applies.
- If none of the parties is a corporate fee payer but one or more of the parties is a standard fee payer, the standard fee applies.
- If all of the multiple parties are concession fee payers then the concession fee applies.
How do I select my fee category when filing in RedCrest?
‘How-to’ videos and quick guides are available on the RedCrest homepage.
I selected the wrong fee category when filing in RedCrest. Can I amend it?
Please ensure you select the correct fee category when submitting a filing. You will not be able to make amendments to the fee category you have selected for a filing once it has been accepted by the appropriate registry. If the registry are still reviewing your document, please contact the relevant registry as soon as possible and ask them to reject it so that you can amend the fee category and resubmit your filing.
Probate fees FAQs
What is the fee for filing an application for Probate, Letters of Administration or Resealing a Foreign Grant?
The filing fee is calculated on a sliding scale based on the gross value of the deceased’s Victorian estate. Only the standard fee category is applicable.
Is any additional documentation required when filing an application?
A ‘Lodging fee’ form must be completed and filed with every application. The applicant or their solicitor must complete the form by selecting the appropriate fee payable.
When is a corporate, standard or concession fee applicable when filing a document in the Probate Office?
When filing a Summons in a Probate proceeding, late filing fees and searching a court file or record. Otherwise, the standard fee applies.
Costs Court fees FAQs
Is there a hearing fee payable for an adjourned callover?
No, adjourned callovers will not attract any further fee.
Is there a hearing fee payable for an in chambers assessment?
If an in chambers assessment is listed as the first event, no additional fee is payable. If an in chambers assessment follows a mediation that fails to resolve the costs dispute (for example, where the respondent fails to appear at the mediation) a fee is payable.
Is there a hearing fee payable for a Costs Court mediation?
A hearing fee will only be payable for a mediation where that listing occurs following a preliminary hearing or in chambers assessment. A hearing fee will not be payable for mediations directly listed at a callover.