TL;DR

• Each party usually pays their own legal costs in family law matters.
• The Court can order one party to pay some or all of the other party’s costs in certain situations.
• Factors include conduct, reasonableness, compliance with orders, and the interests of justice.
• There are no guarantees. Every case turns on its facts.
• If you need guidance about your situation, contact Wright Street Lawyers for general information about typical steps.

Costs in family law explained

Questions about who pays legal costs are common in parenting and property matters. The information below is general and aims to help you understand how the Court approaches costs. It is not legal advice. If you need advice about your circumstances, speak with a qualified professional.

What usually happens with costs

The starting point is that each party pays their own legal costs. The Court can make a different order if it considers that is fair in the circumstances, but there is no automatic rule that the person who is successful will recover their costs.

When the Court may order costs

• Conduct of the case. For example, not complying with orders or causing unnecessary delay.
• Reasonableness. Whether a party acted reasonably during negotiations and mediation.
• Offers of settlement. Whether sensible offers were made and considered.
• Financial circumstances. Relative capacity to pay may be considered.
• Interests of justice. The overall fairness of making a costs order in the particular case.

These are examples only. The Court considers the whole picture. Evidence and procedural history matter.

Can I claim costs?

You can ask the Court to make a costs order. Whether it is made depends on your facts and the interests of justice. If you plan to seek costs, keep clear records of offers, correspondence, and compliance with directions so the Court can understand the history.

How to keep costs proportionate

• Exchange information on time and follow procedural directions.
• Use dispute resolution like mediation where appropriate.
• Make clear, sensible offers and keep a record of them.
• Focus on the issues that matter most to the Court and to your family.

People also ask

Does the winner get costs in family law?

Not automatically. The usual position is that each party pays their own costs unless the Court orders otherwise based on the circumstances.

Can bad behaviour lead to a costs order?

Failure to comply with orders, ignoring directions, or refusing to engage reasonably can be relevant when the Court considers costs.

Will a genuine offer protect me on costs?

Reasonable settlement offers can be relevant. The Court will look at the history, not just a single letter.

Do parenting and property cases differ for costs?

The approach is similar, but the facts and the interests of justice drive the outcome. There is no one rule that fits every case.

FAQs

What evidence helps if I seek costs?

Keep copies of orders, timelines, settlement offers, mediation invitations, and any proof of non-compliance. Organised files help the Court understand the history.

Can the Court make only a partial costs order?

Yes. The Court can order a contribution to costs rather than the full amount. This is discretionary and depends on the case.

If a costs order is made, how are amounts set?

Amounts can be agreed by the parties or assessed under applicable scales or procedures. Evidence of work done and rates may be required.

Can costs be ordered against a party who receives legal aid?

It depends on the circumstances and the applicable rules. The Court considers fairness and the interests of justice.

Will asking for costs harm settlement prospects?

Seeking costs is common, but tone and timing matter. Keep offers constructive and focused on resolving the real issues.

Next steps and how we can help

If you are unsure about the likely approach to costs in your matter, Wright Street Lawyers can provide general information about typical steps and documents. In an initial chat we can discuss your timeline, compliance history, and options for resolution. For tailored advice, a lawyer can assess your circumstances and explain your options.

Contact: Wright Street Lawyers, wrightstreetlawyers.com.au

Accessibility: If phone is difficult, use our website form or email and we can reply in writing. Let us know if you need adjustments for appointments.

Important disclaimer

This page provides general information about costs in family law. It is not legal advice. Laws and procedures can change. Your situation may be different. For advice about your circumstances, speak with a qualified professional.