A woman who paid an extra $355 to divorce her partner under short-lived higher Family Court fees is challenging a court's decision that the way they were raised was lawful.

Attorney-General George Brandis sneaked slightly higher fees into law during the parliamentary winter break last month in defiance of a Senate ruling against his first attempt to do so.

Attorney-General George Brandis pushed through higher divorce fees during the parliamentary winter break. Credit:Andrew Meares

Labor, the Greens and all crossbench senators disallowed this second regulation when Parliament resumed earlier this month, returning the $1200 divorce fee to $845.

Labor MPs unsuccessfully challenged the move in the Federal Court with three others, including divorcee Ting Wei, who said she was financially suffering after paying the increased fee. Justice John Dowsett dismissed the case, saying the regulation was not the same in substance as the first one.