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District Court - waiver, reduction, refund or deferral of court fees

Applicants in possession of eligible concession cards can apply for an automatic waiver for filing fees (Regulation 7(1d)).  The Regulations do not allow the automatic waiving of hearing fees.

The Suitors Fund component (20 cents) of a writ of summons filing fee must be paid even if the remainder of the fee is waived, reduced, refunded or deferred. 

Further, Regulation 7(1) can authorise waivers, reductions, refunds or the deferral of fees generally, for special reasons, which are defined as follows;

  1. financial hardship;
  2. that an important right or obligation affecting the community or a significant part of the community will be determined; or
  3. that the development of the law generally will be  affected so as to reduce the need for further litigation.

Reduced fees are also available to small business and not-for-profit associations.​

Contacts

Name: District Court of Western Australia
Phone: 9425 2395

How to Apply

Applicants seeking an automatic waiver of filing fees must present at the Court registry with the relevant concession card to claim the concession.  All other applications to have a fee reduced, refunded, waived or deferred will require applicants to complete and submit a Form 2 (Application to Remit Fees) with the District Court Registry. Small business and not-for-profit associations will need to complete and submit a Form 1 (Declaration that person is operating a small business or not-for-profit association) to have the fee reduced. The forms are available online or from the District Court Registry, Ground Floor, 500 Hay Street Perth. Forms need to be submitted to the District Registry in person, by mail at this address or by fax to 9425 2268.

Eligibility

Automatic Waiver

Holders of a Pensioner Concession Card, Health Care Card, Commonwealth Seniors Health Card, Department of Veterans’ Affairs cards.

Reduction, refund or deferral of the court fee

Those receiving a grant of legal aid, a youth training allowance, Austudy or Abstudy payments, those under 18 years of age, an inmate of a prison or someone who has otherwise been legally detained in a public institution, and those who can demonstrate they would experience financial hardship if required to pay the full fee.​

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