Would-be divorcees will keep paying higher court costs after a Federal Court judge dismissed a legal challenge to the Abbott government's increases to fees.
Several court costs were increased from July, including the cost of filing a divorce, which jumped from $845 to $1200, by a regulation introduced by Attorney-General George Brandis.
Labor had accused the government of using potential divorcees as "cash cows" in their darkest hour and attempted to strike out the regulation by arguing it was invalid because a similar increase failed in the Senate.
The key legal argument was whether the second regulation was, in substance, the same as the first, even though the fee increases were slightly higher.
This could render it invalid under section 48 of the Legislative Instruments Act.
Federal Court Justice John Dowsett said in his written decision that section 48 should be construed as requiring the regulation to be identical to the previously disallowed one.
He considered the dictionary definition of the words "same", noting it should not be used in a way that tends towards the word "similar", and dismissed the application.
The decision was disappointing, but must be respected, Maurice Blackburn lawyer Matthew Littlejohn said outside court.
"This is a very important case in terms of standing up for people that had been affected by these fees and bringing this challenge to the regulation," he said.
Labor Senator Claire Moore and MP Graham Perrett, who spearheaded the campaign, will need to pay the legal costs of the attorney-general.
An appeal may be launched within 28 days.
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