Court fees

For the current court fees, and information about seeking a reduced fee on the basis of your financial hardship, visit the Federal Circuit and Family Court website.

Legal costs

Generally, parties involved in family law proceedings pay their own legal costs.

Chapter 12 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) describes the costs solicitors may charge for work done in family law proceedings. Under rule 12.17, costs may be charged in accordance with a costs agreement or, if there is no costs agreement, in accordance with the Itemised Scale of Costs [see Sch 3].

When making a costs agreement with a client, a lawyer must advise the client to obtain independent legal advice about the costs agreement. If the client agrees to enter into a costs agreement, the costs to be charged must be set out in a written agreement signed by the client and the solicitor.

Costs orders

In certain circumstances, the court may make a costs order against a party, either on application or of its own motion.

From 6 May 2024, parties and their lawyers may be liable for costs if they have failed to meet their statutory duty to conduct proceedings in a manner consistent with the overarching purpose of family law. Section 95 of the Family Law Act 1975 (Cth) provides that the overarching purpose of the family law practice and procedure provisions is to facilitate the just resolution of disputes:

Section 96 requires parties and lawyers to conduct proceedings (including negotiations for settlement) in a manner consistent with the overarching purpose. When considering whether to make a costs award, the court must consider whether the parties have failed to comply with this duty, and may award costs, including costs against a lawyer personally, accordingly.

Disputing costs

Chapter 12 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) sets out the process for disputing costs.

Party to party costs

Only disputes about costs between parties (i.e. party to party costs) can be adjudicated by the Federal Circuit and Family Court. Where a party wishes to dispute the costs awarded to or against them, a Notice Disputing Itemised Costs Account must be served on the other party within 28 days of being served with the account.

The parties to the dispute must make a reasonable and genuine attempt to resolve the dispute [r 12.37]. If the dispute cannot be resolved, either party can take it to court by filing the itemised costs account and a Notice Disputing Itemised Costs Account with the court no later than 42 days after the Notice Disputing Itemised Costs Account was served.

Lawyer/client costs

Disputes between lawyers and clients regarding costs are no longer dealt with by the Federal Circuit and Family Court. Where a person has a dispute with their lawyer regarding costs, they must make an application to either the Legal Profession Conduct Commission (see Complaints about overcharging) or to the Supreme Court of South Australia for the resolution of the dispute (see Adjudication of legal costs).