Published 1 October 2026 · By Madhab Kharel, Principal Lawyer · 5-minute read
Paying a legal bill should be straightforward. You should understand what you owe, what the payment covers and whether any additional charges apply.
From 1 October 2026, new card-payment rules generally prevent businesses, including law firms, from adding a separate surcharge when customers use affected cards. However, immigration clients need to understand an important distinction: paying your lawyer and paying the Department of Home Affairs are separate transactions.
The changes do not necessarily remove every payment-related charge associated with your matter.
What has changed?
Visa, Mastercard and eftpos have introduced no-surcharge rules from 1 October 2026. American Express and UnionPay have also adopted this approach. The RBA’s guidance specifies a separate commencement date of 5 October 2026 for PayPal.
The rules operate through card networks and payment-provider arrangements, with exceptions potentially available under legislation or applicable network rules. They generally cover domestic and internationally issued cards on the designated networks.
Read the Reserve Bank of Australia’s official card-surcharge FAQs.
What does this mean when you pay your lawyer?
Where the no-surcharge rules apply, your law firm should not add an extra percentage or fixed amount simply because you pay by an affected card.
For example, suppose your legal invoice is $5,500 including GST. Adding another $110 solely because you pay by Visa or Mastercard would be a 2% card surcharge. This example illustrates the calculation; it is not a quote for our services.
Calling that additional amount an “administration fee” or “processing fee” does not change its substance. The ACCC warns against renaming card surcharges to avoid the rules. Genuine charges unrelated to the payment method are different, but must still satisfy applicable pricing requirements.
An older invoice does not automatically escape the change. The RBA explains that surcharging may no longer be available for payments made on or after 1 October, even if the invoice was issued earlier.
See the ACCC’s official card-surcharge guidance.
Why might Home Affairs still charge a surcharge?
Government charges require separate consideration.
The Commonwealth Entities (Payment Surcharges) Act 2024 provides statutory authority for Commonwealth entities to collect payment surcharges, subject to its conditions. Card-network industry guidance recognises exceptions where legislation expressly permits surcharging. The general change should therefore not be treated as confirmation that every government surcharge has disappeared.
At the time of checking for this article, Home Affairs continued to publish surcharge rates, including 1.40% for Visa, Mastercard and American Express, with the Visa and Mastercard rates also applying to their debit cards. We have not identified a Department announcement confirming that these charges have been removed from 1 October.
Before budgeting or paying, check the Home Affairs payment-surcharge page and the amount shown in ImmiAccount. A published rate or the existence of statutory authority should not be taken as a guarantee that every transaction will attract the same charge.
Your legal fees and government expenses are different
For immigration clients, a payment request may cover several separate items:
- Professional fees: your lawyer’s work on your matter.
- Government application charges: amounts payable to Home Affairs or another authority.
- Other disbursements: third-party expenses incurred for your matter.
- Government payment surcharge: an additional amount actually charged by the authority for the payment method used.
If your lawyer pays a government surcharge on your behalf, any proposed recovery should be explained, supported by the payment record and considered under your costs agreement and applicable legal-costs requirements.
That is distinct from the law firm imposing its own surcharge because you use a card to pay the firm. Ask for a breakdown if a payment request does not make that distinction clear.
If you are budgeting for a partner visa, our guide to partner visa instalments, payment plans and fee timing explains related payment considerations.
Will legal fees become cheaper?
Not necessarily. Payment providers can continue charging businesses processing fees. Businesses may absorb those expenses or incorporate them into overall prices. The reform does not itself rewrite an existing legal costs agreement.
Businesses may also offer genuine discounts for particular payment methods. The ACCC says those discounts must be clearly disclosed, and the full undiscounted price must be appropriately displayed.
What should you check before paying?
- Read your invoice and identify the professional fees and third-party expenses.
- Ask what any unfamiliar charge covers and who receives it.
- Check the available payment methods before arranging a large transfer.
- Keep your payment receipt and any government receipt supplied for your matter.
- Raise questions promptly so payment concerns can be resolved before a time-sensitive lodgement.
For questions about an Emigrate Lawyers payment request, contact 1300 807 134 or info@emigratelawyers.com.
Disclaimer
This article provides general information current as at 1 October 2026. It is not legal, financial or tax advice and does not amend any costs agreement or confirm the charges applicable to a particular transaction. Card-network rules, statutory exceptions, government policies and payment arrangements may change. Verify current requirements with the relevant authority or payment provider and obtain advice about your circumstances. Emigrate Lawyers is independent of the Australian Government.
Official sources
- Reserve Bank of Australia: removal of card-payment surcharges
- ACCC: card surcharges and consumer guidance
- Department of Home Affairs: payment surcharges
- Federal Register of Legislation: Commonwealth Entities (Payment Surcharges) Act 2024
Madhab Kharel
Principal Lawyer & Director, Emigrate Lawyers
Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.
