Judicial Review of Migration Decisions Federal Circuit Court of Australia

The legal issues concerning the review of migration decisions are complex

Migration law is a specialist area of law that is often the subject of constitutional challenge. Under the Migration Act 1958 the Court (the Federal Circuit Court, the Federal Court or Full Court of the Federal Court, and the High Court) can review some decisions, including decisions made by the Minister for Home Affairs, the Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority.

No authority to grant a visa, or to order that the Department grant a visa to an applicant.

This page provides general information only and is not legal advice. You should contact a lawyer (not a migration agent who is not a lawyer, remember only 30% of migration agents are lawyers) before deciding about what to do or applying to the Court. The Federal Circuit Court cannot provide legal advice.

On this page:

Do I need legal advice?
Making an application
Judicial review – the legal mistake not a merits review
Statutory Time limits
Your Bridging Visa and Judicial review
Recording of Tribunal Hearing
Post lodgement documents you will receive from the Minister and further information
1. Response to your application
2. Address for service
Court hearings
Your Legal Team
What outcomes can be expected from judicial review?
Costs
Review of Migration Decision Brochure in other languages

1. Do I need legal advice?

You should seek legal advice about your application as soon as possible.

If you cannot show that you have an arguable case the Court may dismiss your application without a final hearing and may award costs against you (please see below under costs).

Although you can prepare your own application and affidavit, it is often not an easy task. You will need to do a lot of preparation before preparing and filing it with the court.

Court staff cannot guide you or advise what you should include or not include. Only a lawyer will be able to advise you about the content and rules that apply when preparing.

2. Making an application

You may apply to the Court if you believe a jurisdictional error has been made. You should seek legal advice before filing an application

Your application must identify what jurisdictional error you believe the decision maker has made. In your affidavit, you must explain all of the relevant facts and circumstances relating to the alleged error. You must attach to your affidavit, a copy of the decision to be reviewed and any statement of reasons for the decision.

After filing, you must give a sealed copy of your application and supporting documents to the Minister and in most cases the Tribunal who made the decision. This process is known as service of documents.

You must complete all parts of the application; otherwise it may be returned to you for completion and you might runout of time and may be an illegal non-citizen without you knowing.

3. Judicial review – the legal mistake not a merits review

The Court may only review a decision in order to determine if a ‘jurisdictional error’ has been made. This means the Court determines if the decision has been made according to law.

The Court can consider whether a legal mistake has been made by the decision-maker. The Court does not consider the merits of your application and whether you should or should not be granted a visa.

Current legal terminology describes legal mistakes that the Court can do something about as “questions of law” (under ss 43(3) or 45(2) of the AAT Act) or “jurisdictional errors”. Examples of jurisdictional errors include the decision-maker:

not adopting a fair process in making the decision.
identifying a wrong issue.
ignoring materials, the decision-maker was required to look at.
relying on materials the decision-maker should not have looked at.
incorrectly interpreting or applying the law.
reaching a decision that is unreasonable in the legal sense. making a decision for which there was no evidence, or that was not reasonably open on the materials.

a. What can the Court do?

If the Court finds a jurisdictional error, it can:

- refer your case back to the decision maker, and.
- prevent the Minister from acting on the decision.

b. What can’t the Court do?

- reconsider the facts and reasons for your visa application
- take new information into account (unless it is relevant to a question of whether the decision maker made a jurisdictional error), or
- grant you a visa.

In hearing a migration case, the Federal Court cannot decide whether a visa should or should not be granted, nor whether a visa should or should not be cancelled.

c. Is the court hearing private?

Generally, court hearings are open to the public. If your case involves a protection visa decision, the Court is not allowed to publish your identity.

4. Statutory Time limits

Filed within 35 days of the date of the decision but can be extended “in the interests of the administration of justice” – s 477 Migration Act

The Court may extend the time limit. If you require a time extension, you must ask for it in the application and explain why. The Court will decide whether to grant an extension of time.

Sections 477, 477A and 486A of the Act provide that the time limit for applying to the Federal Circuit Court, the Federal Court or the High Court respectively is 35 days from the date of the migration decision.

These provisions relate only to applications for judicial review, in that court’s original jurisdiction, following a migration decision (a decision of the AAT (Migration and Refugee Division or General Division)).

The ‘date of the migration decision’ is defined in s477(3) of the Act. In terms of calculating the 35 day period, the period begins the day after the date of the migration decision (table item 5 in s36(1) of the Acts Interpretation Act) and includes ‘day 35’ (table item 3 in s36(1) of the Acts Interpretation Act).

Example 1:

If the decision by the AAT was on 2 March 2016, in counting the 35 days, 3 March 2016 is ‘day 1’ and ‘day 35’ is 6 April 2016. Therefore, an application for judicial review made by 6 April 2016 (inclusive) is taken to be made within the statutory time limits for the purposes of applying for a BVA.

If ‘day 35’ falls on a weekend or public holiday (that is, a non-working day), the client will have until the immediately following working day to apply for judicial review.

Example 2:

If the decision by the AAT was on 5 March 2016, in counting the 35 days, 6 March 2016 is ‘day 1’ and ‘day 35’ is 9 April 2016 (being a Saturday). Therefore, a client has until the following Monday 11 April 2016 to apply for judicial review (and the application is taken to be made within the statutory time limits for the purposes of applying for a BVA).

5. Your Bridging Visa and Judicial review

Useful tip

You will not have a bridging visa application automatically as in the AAT review process just because you apply for a Judicial review.
You must apply and obtain a Bridging Visa within the time.
Australian visas and Court system are more complex than what you may think. We recommend you seek legal advice before lodging an application.

Not all judicial review applications mean that the person would be eligible for a bridging visa – it depends on the kind of ‘migration decision’ that is the subject of the judicial review application. We should check the Schedule 1 and Schedule 2 criteria for the specific bridging visa to determine whether the person can make a valid application for and/or be granted the bridging visa.

A bridging visa granted in association with a substantive visa application (including in association with merits review) does not “carry over” to judicial review.

The following is a summary only. It does not specify all provisions that must be satisfied to make a valid application and to be granted a bridging visa. Although it can guide us as to which bridging visa may be appropriate in a particular circumstance, it is not a substitute for assessing a bridging visa application against the relevant legislation and policy applying to that bridging visa.

We must refer to the migration legislation and to the relevant instruction for the specific bridging visa class/subclass to understand your eligibility.

The BVA (Class WA – subclass 010 (Bridging A) visa) can be granted to a non-citizen who holds/held a substantive visa and/or holds a BVA or BVB and who has applied for either:

a further substantive visa that has not been finally determined (includes any merits review) or
judicial review of a decision to refuse to grant that substantive visa.

The BVB (Class WB – subclass 020 (Bridging B) visa can be granted to a non-citizen who holds BVA or BVB and who has substantial reasons for leaving and re-entering Australia during either:

the processing of their associated substantive visa application (including any merits review) or
judicial review of a decision to refuse to grant that substantive visa

The BVC (Class WC – subclass 030 (Bridging C) visa) can be granted to a non-citizen who does not hold a substantive visa nor a BVE and has not held a BVE since they last held a substantive visa. The non-citizen must have applied for either:

a substantive visa and that application has not been finally determined or
judicial review of a decision to refuse to grant that substantive visa.

SEPARATE BRIDGING VISA APPLICATION REQUIRED FOR JUDICIAL REVIEW

A person who is applying for judicial review of a migration decision must make an application for a bridging visa on that basis. If they had previously been granted a bridging visa on the grounds that they had made a valid application for a substantive visa that had not been finally determined, that bridging visa will not “carry over” to encompass the judicial review application.

If the application is for a BVA, BVB or BVC, the judicial review application must be in relation to a decision to refuse to grant a substantive visa.

A person may be eligible to be granted a BVE(050) if the judicial review application is in relation to a decision other than a decision to refuse to grant a substantive visa – see, for example, 050.212(4)(a) and 050.212(4AAA).

BRIDGING VISA CLASSES ALLOWING A VALID APPLICATION TO BE MADE SOLELY ON JUDICIAL REVIEW GROUNDS

The only bridging visa classes that contain Schedule 1 ‘valid application’ provisions that allow a person to make a valid application for that bridging visa solely on the basis that they have applied, within the statutory time limits, for judicial review of a decision relating to a substantive visa application are BVA (item 1301(3)(c)(ii)) and BVC (item 1303(3)(c)(ii)).

BVB and BVE do not contain Schedule 1 ‘valid application’ provisions in relation to persons who have applied for judicial review. Such BVB and BVE applicants must satisfy relevant Schedule 1 and Schedule 2 criteria (or, for BVE applicants, regulation 2.23, 2.24 or 2.25 where applicable).

BVA, BVB & BVC “JUDICIAL REVIEW” CRITERIA AT SCHEDULE 2

A BVA, BVB or BVC applicant who has applied for judicial review in relation to the associated substantive visa application must satisfy the following criteria in order to be granted the bridging visa:

for BVA – 211(3)or 010.211(6)
for BVB – 212(3)or 020.212(5)
for BVC – 212(5).

BVE “JUDICIAL REVIEW” CRITERIA AT SCHEDULE 2

BVE (050) contains criteria that allow a person to be granted a BVE (050) if the person or the Minister has applied for judicial review for a range of reasons. In general terms:

212(3A) – a decision to refuse to grant the substantive visa
212(4) – either:
- a decision other than a decision to refuse to grant the substantive visa or
- the validity of a law that affects the person’s eligibility to apply for a substantive visa or their entitlement to be granted, or continue to hold, a substantive visa
212(4AAA) – a decision made under the Australian Citizenship Act 2007
212(4AA) – members of the family unit of a person who is the subject of certain judicial review applications in certain circumstances
212(4AB) – member of the immediate family, or sibling under 18, of a person who is the subject of certain judicial review applications.

BVE (051) contains Schedule 2 criteria relating to an undertaking signed by the person, or a person acting on their behalf, that they agree to depart, or be removed from, Australia 28 days after judicial review proceedings are complete (refer to 051.212(b)).

For information on a specific “judicial review” bridging visa, refer to the relevant instruction for that bridging visa class/subclass, refer to Introduction – Related instructions.

MEMBERS OF THE FAMILY UNIT OF A JUDICIAL REVIEW APPLICANT

If the members of a family unit:

made a combined application with a primary applicant for a bridging visa and for the associated substantive visa and
then seek judicial review, together with the primary applicant, of a decision to refuse the substantive visa

it is normal practice for only one applicant to be named in the court proceedings.

Such family unit members of an applicant for judicial review are eligible to apply for a further bridging visa to maintain their lawful status during the judicial review proceedings.

PERSON MUST PROVIDE EVIDENCE OF AN APPLICATION FOR JUDICIAL REVIEW

To satisfy the relevant “judicial review” bridging visa criterion, the person needs to provide evidence of their application for judicial review.

If the person has applied to the Federal Circuit Court they must complete an “Application under the Migration Act” that has been filed at the Registry of the Federal Circuit Court.

If the person has applied to the Federal Court of Australia they must complete FC Form 56A (“Application under the Migration Act 1958”) that has been filed at the Registry of the Federal Court, unless the person has applied for judicial review of a decision under the Australian Citizenship Act 2007, which would be on a different form.

COMPLETION OF JUDICIAL REVIEW PROCEEDINGS

The bridging visa will cease to be in effect 28 days after completion of the judicial review proceedings (including proceedings on appeal)

COURT REMITTAL RELATING TO A DECISION TO REFUSE TO GRANT A VISA

If the judicial review relates to a decision to refuse to grant a visa and the court remits the matter to the AAT (Migration and Refugee Division or General Division) or to the Minister (or a delegate) for reconsideration, the bridging visa will remain in effect until a relevant event occurs to cause it cease.

6. Recording of Tribunal Hearing

You must obtain from the Administrative Appeals Tribunal a recording of the hearing at the Tribunal. If you intend to use the recording as part of your application to the Court, a written transcript of the hearing should be obtained and verified by way of affidavit.

7. Post lodgement documents you will receive from the Minister and further information

Post lodgement documents you will receive from the Minister

Once you have filed your Judicial Review application and served the documents on the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the nominated Solicitors for the Minister will serve the following documents on you:

a. Response to your application

This document will outline what orders the Minister is seeking, the Minister will usually ask that your judicial review application be dismissed and that you pay the Minister’s costs of this proceeding.

The Minister may also ask that the matter be listed for a ‘show cause’ hearing under r 44.12 of the Federal Circuit Court Rules 2001. This is a hearing in which the Court requires you to show that you have an arguable case. If you cannot show that you have an arguable case the Court may dismiss your application without a final hearing.

b. Address for service

This document will state the name and address for service (being the address to which all correspondence must be sent) of the Solicitor acting on behalf of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in your matter.

8. Court hearings

a. Pre-hearing procedures in FCC

In most cases the Federal Circuit Court will endeavour to allocate an early hearing date with only one court date prior to the final hearing.

- Directions on First Return date is a direction hearing at which timetable for evidence, amended application, submissions and final hearing is set.
- On the first return date, the Registrar shall determine whether the application is to be listed for a final hearing and make appropriate directions (commonly in accordance with the Schedules below).
- For unmeritorious applications, a “Show Cause Hearing” may be listed at which the applicant is required to raise an arguable case for the relief claimed: see Federal Circuit Court of Australia Act, s 17A, and Federal Circuit Court Rules, Rule 44.12.
- The Court will allocate a time and date for your hearing.

On the first court date the Court may give orders and directions for:

- an immediate hearing
- a second or final hearing date
- a stay or interim (temporary) orders
- the filing of amended or further documents.

If the Court orders an immediate or a second hearing before a final hearing, the Court may require you to show that you have an arguable case. If you cannot show that you have an arguable case the Court may dismiss your application without a final hearing.

At each court hearing the Court will give you an opportunity to address the issues related to your case. If you have a lawyer, they will speak for you. The Minister will usually be represented by a lawyer, and you or your lawyer will have the opportunity to respond to what is said in court.

The Court often announces its decision at the end of the final hearing. If not, you will be notified of the date the Court will announce its decision.

Note – Unless the Court excuses you from attending, you must attend court whenever there is a hearing. If you fail to attend a hearing, the Court may dismiss your application in your absence and award costs against you.

b. First court date and the Directions Hearing

The Court may/will allocate a first court date when you file your documents. This is usually referred to as a ‘duty list’. On this day, the Court may:

- give directions
- approve proposed consent orders
- conduct an interim hearing
- finalise the application
- fix a date for an interim or final hearing.

The first court date also provides you with an opportunity to define the issues in dispute and, if possible, reach an agreement.

i. Directions Hearing – These orders will guide the conduct of the matter by ensuring you undertake certain tasks; for example, that you must file a document by a certain date.

The work your lawyer may carry out include:

- - - Filing and service of notice of appearance,
    - If required – conferring with Counsel, obtaining further advice and opinion of Counsel.
    - Discuss with the respondent’s solicitors some directions by consent (usually follow a standard format, which is agreeing on a timetable for amended application and our submissions, and then their submissions and fixing a court date.
    - Agreement on directions by consent.
    - If required at this stage – Conferring with Counsel, obtaining further advice and opinion of Counsel.

ii. Non-compliance with directions

If an applicant fails to comply with directions, the respondent may apply for the application to be dismissed for non-compliance, and such applications will generally be listed before a Registrar who may dismiss the application.

iii. Consent orders

If you reach an agreement on the day, you can present the signed agreement (proposed consent orders) to the judge and ask them to make the orders by consent. Consent orders can be interim (temporary) or final.

c. Amended application

- It may be necessary to file an amended application where – because of a lack of time or inadequate documentation – further issues come to light during the pre-hearing procedures.

- The amended application should carefully formulate the final grounds of the alleged jurisdictional error.

- It is possible to further amend an application – even during the hearing – with leave from the Court. Leave will only be given to further amend if the respondent is not unduly prejudiced.

d. Evidence in the FCC

- The Minister is required to prepare file and serve a bundle of relevant documents.
- The applicant will usually prepare file and serve a transcript of the Tribunal hearing.
- New evidence should be filed and served by way of affidavit.
- The applicant will rarely file any new evidence, since judicial review is limited to a consideration of the lawfulness of the decision. It is not open to lead new evidence on the merits of the case which should have been made to the tribunal below or to invite the court to disagree with a factual conclusion of the tribunal.
- New evidence may occasionally be required, for example:
- To make good a contention that raises a relevant question of law, for example, in relation to the proper service of the decision under review.
- Where it is alleged that the tribunal’s processes have been vitiated by the fraudulent conduct of the applicant’s migration agent.

e. How the matter proceeds

- The matter proceeds by legal argument based on the amended application and written submissions. There is no need for the client to be present unless the client is giving evidence, which is rare.
- The applicant or his/her counsel presents his or her case first, by tendering any evidence and then presenting oral submissions.
- The respondents’ counsel then presents his/her case.
- The applicant’s counsel then presents a brief reply.
- Decisions are usually reserved, although it is not uncommon to receive an ex tempore (immediate) decision.
- Matters rarely take more than half a day.

f. What to wear

There are no rules about what to wear in court. However, the Court is a formal place and you should dress accordingly.

g. Children at court

Generally, courts are not appropriate places for children and children cannot go into the courtroom. Please make other arrangements for your child’s care when you come to court. If your child needs to attend court to speak to a family consultant or judicial officer, check with court staff before your court appointment whether any child-care arrangements need to be made for the day.

h. Can I withdraw my case?

Yes. If there is less than 14 days before your final hearing, you must obtain the Court’s permission to discontinue your case.

If you decide to withdraw your application, you must complete a Notice of Discontinuance and file it with the Court. You must also send a copy of the notice to the Minister’s solicitor. If there is less than 14 days before your final hearing, you must obtain the Court’s permission to discontinue your case.

i. Fix a final hearing date

– Depending on the facts and case management procedures, the Court may fix a date for a final hearing.

You (and your lawyer) must attend the first court date and have a good understanding of the case. You must also be familiar with all the documents filed and prepared to advise the judge of the main issues in dispute.

Note – The Court operates a docket system. This means that the application will usually be determined by the same judge from the first court date to the final hearing.

Final hearing

The length of the final hearing will depend on the facts of the case. At the final hearing, you must know the final outcome you want, and the facts you are relying on.

Note – Unless otherwise approved by the judge, you must present all evidence to the Court by affidavit.

A final hearing is usually conducted in the following way:

j. Applicant’s evidence

– you (or your lawyer) outlines your case. The respondent may cross-examine you or your witnesses. You may then re-examine your witnesses.

k. Respondent’s evidence

– you (or your lawyer) outlines your case. The applicant may cross-examination you or your witnesses. You may then re-examine your witnesses.

l. Expert report

– If a single expert, such as a family consultant, prepared a report you may cross-examine the expert.

m. Closing address

– the Court gives you an opportunity to make any final comments in support of your case.

n. After hearing the case,

the judge may make orders and give reasons for their decision. Alternatively, the judge may reserve the decision to another day, usually within three months. The Court will inform you of the date so you can attend and the Court will provide you with a copy of the decision. The decision will include the orders made and the reasons for the decision.

Note – Once an order is made, you must comply with it.

9. Your Legal Team

Appealing to the Court generally means appointing a Solicitor and a Barrister to represent you at Court. Generally, the Solicitor will choose the Barrister for you. The issues can often be incredibly complex, and you should seek advice as soon as possible.
If a lawyer is acting for you to lodge the application a lawyer must certify “reasonable prospects of success”. You should have funds to retain a legal team and the legal team need time to peruse documents and assess if there is a “reasonable prospects of success” in your case.

10. What outcomes can be expected from judicial review?

If the court decides a jurisdictional error has been made by the decision-maker, the court will rule that the original decision is void. As a result of this, the court will return the matter to the original decision-maker. This could be the Administrative Appeals Tribunal where it will reconsider the decision.

If you are unhappy with the Federal Circuit Court’s decision and there are enough legal merits to your case, you can continue to appeal to the Federal Court and then to the High Court of Australia.

11. Costs

a. Your legal costs

Legal costs are the fees and expenses charged to a client by their lawyer. Please visit the link below for your legal costs – A step by step cost estimation https://dlegal.com.au/about-us/fees/#Judicial

b. Why do Legal costs vary?

- Due to the level of experience – We have more than 20 years of combined legal experience.
- the specific difficulties or complexities of a case – We think out of the box to get you the result!
- the costs associated with running a business or practice – We are note not an expensive city law firm but a mid-level professional suburban law firm.
- the desire of the applicant for higher professional service – apart from our own professional standards are governed by the legal profession uniform law.
- the current marketplace fee levels – Our fees are competitive in line with market rates considering our expertise levels.

c. Cost to Seek Judicial Review – Application fees

Filing an application (migration only)

(a) full fee—$3,535, or

(b) if a Registrar or an authorised
officer has determined that the person
may pay a reduced fee under
section 2.06A—$1,765

Source: https://www.fcfcoa.gov.au/gfl/gfl-fees

Note: The fees listed below are effective from 1 July 2022.

Cheques or Money orders for the payment of fees should be made payable to the Federal Court of Australia.
A number of fees apply to Federal Circuit and Family Court proceedings pursuant to Schedule 1 Part 2 of the Federal Court and Federal Circuit and Family Court Regulations 2012.

To view the Regulation see www.legislation.gov.au.

*Waiver of these fees is possible through an application claiming financial hardship – see rule 2.06 of the Federal Court and Federal Circuit Court Regulation 2012

d. Other fees – General Federal Law Fees

Several fees apply to Federal Circuit Court proceedings pursuant to Federal Court and Federal Circuit Court Regulations such as Setting down for hearing fee, Daily Hearing Fee etc, please visit the link below for list of fees.

When you are given a final hearing date you will receive an invoice for payment of a “setting down” fee. This fee must be paid no later than 28 days before the hearing day. Please note that if you discontinue your proceeding after it has been set down for hearing the setting down fee will still be payable.

https://www.fcfcoa.gov.au/migration/fees
https://www.fcfcoa.gov.au/gfl/pubs/gfl-costs
https://www.legislation.gov.au/Details/F2023C00085

e. Cost Consequences if the Applicant Loses/ Withdrawing

If you are successful, the Court will order that the Minister reimburse you for your legal costs (to a certain level). However, if you are unsuccessful, you will need to cover not only your own legal costs but also the legal costs of the Minister.

* What is the Court’s role in relation to legal costs?

In general, federal law proceedings, the court normally awards costs to a successful party.

They are intended to reimburse a party (usually the successful one) for their legal costs. The costs awarded are normally only part of the costs incurred. These are referred to as party-party costs. Costs may be awarded before a final hearing; for example, if a party has not complied with a timetable and the other party brings the matter back to court for further directions.

Indemnity costs – the court can award all costs reasonably and properly incurred where the conduct of a party warrants such an order being made. These costs are most frequently awarded when a party has declined an offer of settlement and has been awarded a sum less than that offered.

The court is not responsible for overseeing private fee arrangements between a lawyer and client – refer to rule 21.09(3) of the Federal Circuit Court Rules 2001. These are referred to as solicitor-client costs. If you wish to dispute the fees charged by your lawyer, you need to contact the law society or institute in your State or Territory.

If you are unsuccessful

* Unlike applications for merits review in the Administrative Appeals Tribunal (AAT), the general rule is that the applicant will pay the Minister’s costs if she/he is unsuccessful in judicial review proceedings in the Federal courts.

* The costs that must be paid are based on a sliding scale that increases based on the stage of the proceeding at which the case is concluded.

If the Court dismisses your application you will probably have to pay the Department’s legal costs. The total cost will depend on the length of the case and the amount of work done. Part 2 of Schedule 2 to the Federal Circuit and Family of Australia (Division 2) (General Federal Law) Rules 2021 sets out the legal costs that ordinarily apply. The Court rules are available at www.legislation.gov.au. If you choose to discontinue your case without a hearing, you will generally have to pay a reduced proportion of the Department’s legal costs.

Migration Act 1958 – short form bills

15.1 Short form amount, including costs and disbursements, that may be claimed if an appeal or application is discontinued or dismissed before hearing: $4,592.

15.2 Short form amount, including costs and disbursements, that may be claimed if an appeal or application is discontinued or dismissed after hearing: $7,241.

15.3 Additional amount that may be claimed if a party is entitled to amount under subrule 40.43(2) or (3) in relation to an appeal and the court had, at a separate hearing, granted leave to appeal or an extension of time to start the appeal: $2,180.

https://www.fedcourt.gov.au/forms-and-fees/legal-costs/allowable

f. Withdrawing your case

g. Counsel’s fees

16.1 An amount may be allowed for counsel’s fees according to the circumstances of the case. That amount may be assessed by reference to the National Guide to Counsel Fees. The fees are to be claimed as a disbursement.

h. National Guide to Counsel Fees

https://www.fedcourt.gov.au/forms-and-fees/legal-costs/national-guide-counsel-fees

16.2 If a lawyer briefs another lawyer as counsel, the fees of the lawyer acting as counsel are to be assessed in accordance with item 16.1.

i. Fees for filing an application