The Commonwealth is yet to pursue its costs from the High Court case that overturned last year's historic same-sex marriage reforms as many couples shun refunds offered by the ACT government.
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In a unanimous decision delivered on December 12, the High Court found changes to ACT law allowing for same-sex marriages could not operate concurrently with the federal Marriage Act.
The decision, which included an order for the ACT to pay Commonwealth legal costs, came after couples registered their marriages during the five days of Australia's first – and only – marriage equality laws.
On Monday, a spokesman for Attorney-General Simon Corbell said that just four couples who received marriage certificates had so far applied for a $56 refund offered by the ACT government.
"Same-sex couples who were married in December 2013 were invited to contact the Office of Regulatory Services – Births, Deaths and Marriages to apply for a refund of the cost of their certificate," the spokesman said.
"Of the 31 marriages registered, four couples applied and have received refunds for the cost of their certificates. This was a total of $224."
The spokesman said registration of the marriages did not attract a further fee, in keeping with all other registrable events.
"The Commonwealth has not yet sought to recoup its legal costs from the ACT," the spokesman said.
Figures provided to the Legislative Assembly in March showed the territory spent more than $112,800 on legal advice for the case, including external legal counsel for the government solicitor.
The Commonwealth's legal bills could be much larger.
While same-sex marriages that occured before the High Court ruling have no legal status, Australian Marriage Equality deputy director Ivan Hinton said many couples still considered their marriages valid.
"These couples would be less than enthusiastic to actively do anything to unwind something that was so significant to them in their life journey," he said. "Perhaps it's a personal protest, but what they are choosing to do is not retreat from the position that they found themselves in when they had the opportunity to get married."
Mr Hinton married his partner, Chris Teoh, in December. He said declining a small refund could be more than just symbolism for couples involved.
"I think these couples are very firmly stating that regardless of the High Court decision they are asserting they remain married," he said.
Mr Hinton said the organisation was preparing its next move in a campaign to target 50 members of Parliament who could be persuaded to support marriage equality reforms.
AME will run a training program for campaigners in the Coalition-held marginal Victorian seat of Corangamite next week. First-term MP Sarah Henderson has previously opposed same-sex marriage reforms.
Mr Hinton called for the Coalition party room to be granted a conscience vote on the issue when it returns to Parliament.
Deputy Opposition Leader Tanya Plibersek said last week she would be guided by marriage-equality campaigners about the right time to introduce a new private members' bill on the issue.