Overview
This article is a guide to what filing fees are required when a tenant needs to file a residential tenancy dispute with a court or tribunal within Australia or New Zealand.
Unfortunately, Residential Tenancies Acts and dispute processes are not harmonised in Australia and can become overwhelming for tenants with legitimate claims. When the process in complex or costly we believe that many legitimate breaches are not filed and this does not improve the real estate industries professional conduct.
Below, we have collected applicable fees for filing a dispute\claim for Western Australia, South Australia, Victoria, Northern Territory, Australian Capital Territory, Tasmania, Queensland and New Zealand. These fees are 9th June 2018 and will be subject to change, we have provided a link for Tenants to check for current fees with ease. It should be noted that these are just filing fees, other fees may apply and the tenant should refer to the provided jurisdiction link for more details.
The main purpose of this article is to highlight the differences between jurisdictions.
Tenancy Toolbox
New Zealand
Residential Tenancy matters in New Zealand are heard by Tenancy Services.
| Note | Standard Fee | Concession |
|---|---|---|
| Filing Fee * | NZ $22.44 |
*Fees may be refunded upon a successful outcome.
Northern Territory
Residential Tenancy matters in the Northern Territory are heard by NT Civil and Administrative Tribunal.
| Note | Standard Fee | Concession |
|---|---|---|
| Filing Fee Claim less than $2,000 | AU $62.00 | |
| Filing Fee Claim between $2,000 and $10,000 | AU $200.00 | |
| Filing Fee Claim more than $10,000 | AU $400.00 |
* Fees are for an individual (i.e. Tenant)
* Fees may be waived when costs may cause financial hardship.
* When multiple hearing are required, the fees escalate to hundreds of dollars in the Northern Territory.
New South Wales
Residential Tenancy matters in New South Wales are heard by NSW Civil and Administrative Tribunal.
.
| Note | Standard Fee | Concession |
|---|---|---|
| Filing Fee | AU $49.00 | AU $12.00 |
* Includes matters about tenancy, social housing, residential communities, retirement villages and boarding houses
Victoria
Residential Tenancy matters in Victoria are heard by Victorian Civil and Administrative Tribunal.
.
| Note | Standard Fee | Concession |
|---|---|---|
| Filing Fee - Claims from $1 to $15,000 | AU $62.70 | No Fee |
| Filing Fee - Claims over $15,000 | AU $209.00 | No Fee |
| Filing Fee - Claims no monetary value | AU $62.70 | No Fee |
South Australia
Residential Tenancy matters in South Australia are heard by South Australia Civil and Administrative Tribunal.
| Note | Standard Fee | Concession |
|---|---|---|
| Filing Fee | AU $71.50 | AU $53.00 |
Queensland
Residential Tenancy matters in Queensland are heard by Queensland Civil and Administrative Tribunal.
| Note | Standard Fee | Concession |
|---|---|---|
| Filing Fee | AU $25.45 |
QCAT's fees structure is not very clear! Fees could be between $25.45–$326.80 depending on amount claimed
Australian Capital Territory
Residential Tenancy matters in Australian Capital Territory are heard by Australian Capital Territory Civil and Administrative Tribunal.
| Note | Standard Fee | Concession |
|---|---|---|
| Filing Fee | AU $72.00 |
Note: Fee structure is complex, refer to link for details.
Tasmania
Residential Tenancy matters in Tasmania are heard by Tasmania Magistrates Court.
| Note | Standard Fee | Concession |
|---|---|---|
| Filing Fee | AU $62.00 |
Western Australia
Residential Tenancy matters in Western Australia are heard by Western Australia Magistrates Court.
| Note | Standard Fee | Concession |
|---|---|---|
| Filing Fee - Not exceeding $10,000 | AU $65.00 | AU $19.70 |
| Filing Fee - Disputes not exceeding $10,000 | AU $18.20 |
(2 votes, average: 5.00 out of 5)
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Sidney
Huge discrepancies in the cost of justice in Australia, There should be no financial barrier for tenants to get any hearing, after all they would not bring a case if some injustice hadn’t taken place. The legal systems are creating a barrier which does not help the rental market.
Tenancy Editor Post author
We have seen many cases where a tenant has had to bring a matter before a tribunal, the matters are typically due to an Agency or Property Manager that has not conducted themselves in a professional manner during the course of a tenancy, not communicating repair requests to the landlord, not communicating with the tenant, not conducting periodic inspections which result in issue shock at the end of a tenancy and attempt to place a burden on the tenant.
Recently a tenant reported at the end of her tenancy, the Real Estate Agent attempted to deduct $800 from her bond due to a small stone hole in a window. The tenant said that the hole existed prior to occupancy and it should have been recorded during the many periodic inspections, it was not, Agency only dropped the $800 when a witness came forward to confirm that the hole has existed prior to occupancy. In this case the tenant would have had to fund a dispute through a tribunal and seek legal advice and none of the dispute costs would be recoverable.
The Agents who conduct themselves in a professional manner with both the tenant and landlord will have very few issues with good tenants. Retaining good tenants is the ideal outcome for landlords.
Agencies who abide by a code of conduct that values both parties will result in fewer tenants having to raise disputes and therefore the costs in this article become less relevant.