Magistrates' Court Filing Fees Victoria: Enforcement Costs Explained

Enforcement Is Not Free — but the Debtor Pays

Every enforcement application in the Magistrates' Court of Victoria carries a filing fee, and most enforcement tools have additional execution costs. The important thing to know upfront: these costs are recoverable from the debtor. They are added to the total judgment debt, meaning the debtor pays them on top of what they already owe you plus accrued penalty interest.

The specific fee amounts are published in the Magistrates' Court fee schedule and updated periodically. Check the current schedule on the Magistrates' Court of Victoria website or ask at any court registry counter for the latest figures. The amounts below are indicative of the fee structure.

Registration Fees

Before any enforcement tool can be used, the VCAT order must be registered in the Magistrates' Court under section 121 of the VCAT Act 1998. The registration filing fee covers the administrative cost of recording the order in the civil judgment register and assigning a court case number.

This is a one-off cost. Once registered, you can apply for multiple enforcement tools without re-registering.

Enforcement Application Fees

Each enforcement mechanism has its own filing fee:

Summons for Oral Examination (Form 67A): A standard enforcement application fee. On top of this, you will need to provide conduct money (a travel allowance for the debtor to attend court) and pay a process server if you do not serve the summons yourself.

Warrant to Seize Property (Form 68A): The court charges an issue fee for the warrant. The Sheriff then charges a separate execution fee (currently A$236.80 under the fee schedule effective 1 July 2026) when the warrant is delivered for execution. If the Sheriff seizes property and sells it at auction, the Sheriff's fees come out of the sale proceeds before you receive anything.

Attachment of Earnings (Form 72A): A standard enforcement application fee. Service costs apply if you use a process server — the summons and supporting forms are served on the debtor; if an order is made, Form 72F is served on both the debtor and employer.

Attachment of Debt / Garnishee Order (Form 71A or 71B): A standard enforcement application fee. Service on the third party (typically a bank) may have additional costs depending on how service is effected.

Process Server Costs

Most enforcement applications require personal service. If you use a professional process server rather than having a friend or relative serve the documents, expect to pay A$80–$200 per service in metropolitan Melbourne. Regional service costs more due to travel.

Process server costs are not a court fee — they are a disbursement. They are still recoverable from the debtor as part of the enforcement costs, but you will need to include them in your accounting.

Total Cost Scenarios

For a typical enforcement run on a A$5,000 VCAT order, the cumulative costs might look like:

• VCAT certified copy fee
• Magistrates' Court registration fee
• Oral examination filing fee + conduct money + process server
• Warrant to seize property issue fee + Sheriff's execution fee

Each step is individually modest, but they compound. For small debts under A$2,000, the enforcement costs can represent a significant fraction of the original order. This does not mean enforcement is not worthwhile — the debtor still owes every cent plus costs and interest — but it is worth choosing the enforcement tool most likely to recover the money in one step rather than working through all of them sequentially.

Fee Waivers and Reduced Fees

The Magistrates' Court offers a concession rate to Health Care Card holders. Other concession cards, including Pensioner Concession Cards, do not qualify for that rate, but anyone may apply for a fee waiver if paying would cause financial hardship. The waiver application is available from the court.

Fee waivers apply to court filing fees. They do not cover Sheriff's execution fees or process server costs.

The VCAT Order Enforcement Guide includes a complete cost breakdown for each enforcement tool and a timeline tracker that tallies fees as you progress through the enforcement sequence.

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