The federal court has rejected a legal challenge that would have forced the federal government to refund an estimated $1m in extra court fees for people filing for divorce.
Justice John Dowsett dismissed an application by two Queensland Labor politicians and three divorce applicants to strike out commonwealth regulations that raised family court fees for just under a month before they were quashed by the Senate on Tuesday.
The regulations, which raised the price of divorce filings from $845 to $1,200 and the cost of issuing a subpoena from $55 to $125, cost divorce applicants an estimated extra $67,000 a day after taking effect on 13 July.
Attorney general George Brandis introduced the increases by regulation, with a $5 difference, after an earlier attempt to do so was blocked in the Senate in June.
The Senate disallowed the new regulations in a motion on Tuesday night.
Labor MP Graham Perrett and senator Claire Moore brought the legal action, arguing the regulation was invalid as it was substantially similar to the laws that were voted down.
But Dowsett, handing down his judgment in the federal court in Brisbane on Thursday, ruled that a $5 change in the fees by Brandis meant the new regulations were not “identical” to the earlier ones and therefore were valid.
Maurice Blackburn solicitor Matthew Littlejohn, for Perrett and Moore, said they were “disappointed” with the ruling and would bear the costs of the legal action.
“This is a very important case in terms of standing up for people that have been affected by these fees,” Littlejohn said.
“From our quick reading of the decision it appears his honour has decided that any difference in substance is a significant difference, and that will make the regulations different enough to be allowable.”
Dowsett also indicated he would have ruled that Perrett and Moore had no standing in the matter, as they were not directly affected by the fee increases.
But he did not need to do so after they were joined in the action last week by two women and a man who claimed financial distress through having to pay the extra costs.
Dowsett ordered the applicants to pay the commonwealth’s legal costs.
Barrister Stephen Keim told the court the three divorce applicants would not have to bear those costs, as agreed with Perrett and Moore’s legal team.
