Fees and charges – overview
We operate on a partial cost recovery basis, with 2 types of fees payable by the parties, unless waived by our CEO:
- application fees
- service fees.
Our CEO can waive an application fee, or waive or reduce a service fee, if they are satisfied that paying the fee would cause a party to suffer financial hardship.
Combining the application and service fee covers our direct costs in providing dispute resolution services. This applies to matters other than anti-doping and we consider the nature and financial circumstances of the parties.
Fees may cover the remuneration paid to the member or members who hear your case. Where applicable, they also cover costs related to:
- travel
- accommodation
- hiring a hearing room.
Different fee arrangements apply for anti-doping matters.
Where an application fee is payable, the parties to a dispute must pay it before the preliminary conference, or another date we specify, before we can proceed with any application.
We will discuss an estimate of the service fees with all parties at the preliminary conference.
All applications we validate that proceed to resolution, whether by agreement or determined by a tribunal, will incur a service fee.
If you start an application but withdraw or terminate it before any resolution, we may still charge a service fee.
Our CEO may waive or reduce the service fee for reasons of financial hardship.
Costs our fees do not cover
Our fees do not cover costs such as each party’s:
- travel
- legal representation
- obtaining a medical or expert report.
The parties to a dispute are responsible for their own costs, but may seek to obtain legal assistance via the NST Legal Assistance Panel (NSTLAP). Practitioners on the NSTLAP may offer legal services free of charge or at a significantly reduced rate at their discretion.
The parties will also not be charged for costs associated with case management support provided by our staff. The Australian Government covers these costs through our ongoing funding.
Unlike a court, we do not order one party to pay the legal costs of another party.
Application fees
The application fee must be paid before the preliminary conference, or another date we specify, before we will proceed with a case.
Either party can apply to the CEO to waive the application fee if it would cause financial hardship – see below.
Section 11 of the National Sports Tribunal Rule 2020 specifies the amount of the application fee and set out in the following table.
| Type of dispute | Division | Application fee |
|---|---|---|
| Mediation, conciliation or case appraisal | General Division | $500 |
| Arbitration | General Division | $500 |
| Arbitration | Anti-Doping Division | Nil |
| Arbitration | Appeals Division | $1,500 |
| To join an existing arbitration | Any Division | $250 |
The parties involved in each matter can decide how to pay the application fee. Put simply, either:
- one party pays the entire application fee
- the parties can split the application fee between them (however they agree).
How the application fee is split may be:
- laid out in the relevant policy of the sporting body
- determined by our CEO.
If they choose, sporting bodies can negotiate an agreement with us to fully fund particular types of dispute resolution for their sport without contribution from individuals – for instance, selection disputes in the lead up to major events. This can include the application fee. Contact your sporting body to see if it has an agreement with us.
Service fees
We will discuss an estimate of the service fees with all parties at the preliminary conference. During or after this conference, parties can decide on the distribution of fees. The applicable policy of the sporting organisation may detail the allocation of the service fee.
Once the matter has been finalised and the costs are known, our CEO will determine the amount and division of service fees.
The determination may provide that a party or parties to a dispute be charged a portion of the service fees. When determining fees for an arbitration, our CEO must consider the nature and financial circumstances of the parties to the dispute.
Our CEO also considers the following factors when determining service fees:
- the type of dispute resolution method
- the division in which the matter is heard
- the length and complexity of the matter
- the number of members allocated to the matter
- whether there were any associated costs such as travel and accommodation, a hearing room and incidentals
- whether a non-binding written opinion was requested in a case appraisal (at an additional cost)
- whether a transcript of the hearing was requested (at an additional cost)
- whether the parties have requested an expedited hearing, particularly when the matter is not regarded as urgent or time critical (this may involve an additional cost).
Member remuneration is usually a major part of the service fee. Our CEO follows our remuneration policy to determine the amount to be paid to the member(s) allocated to the matter. We do not necessarily expect the parties to cover all of the member remuneration costs, particularly in lengthy and complex matters.
Anti-doping matters
There is no application fee for matters heard in the Anti-Doping Division of the NST.
Services fees are determined by the CEO as set out in the Service Fees section above.
We limit the cost of an appeal from a first instance anti-doping decision to the cost of the application fee ($1,500), with no additional service fees payable.
Financial hardship
Our CEO can waive an application fee, or waive or reduce a service fee, if they are satisfied that paying the fee would cause a party to suffer financial hardship.
You should apply for financial hardship consideration when you lodge your application for arbitration or other method of dispute resolution, or before the preliminary conference.
You will also need to complete a financial hardship statutory declaration.
NST Legal Assistance Panel
We have established a panel of legal practitioners who are willing to provide free or substantially discounted legal assistance.
If you have had your fees reduced or waived due to financial hardship, you will automatically receive a copy of the list.
If you do not pay your fees
If you do not pay your fees on time, we may suspend or terminate your case.