Family Court Costs in Australia

Court Filing Fees

The Federal Circuit and Family Court of Australia charges filing fees set by Commonwealth regulations. These fees are updated periodically; amounts below are indicative as of January 2026.

Fee Exemptions and Reductions

Certain individuals may be eligible for full or partial exemption from court filing fees based on their financial circumstances or concession card status.

Full exemption

• Health Care Card holders
• Pensioner Concession Card holders
• Commonwealth Seniors Health Card holders
• Persons granted legal aid for the matter
• Prisoners and detainees (in some circumstances)

Reduced fees

• Financial hardship (assessed case-by-case)
• Partial grants of legal aid
• Certain income support recipients

The General Rule: Each Party Bears Own Costs

Unlike many areas of civil litigation where the unsuccessful party typically pays the successful party's costs, family law operates under a different principle. In Australian family law, each party is generally responsible for their own legal costs regardless of the outcome.

Several policy reasons support this approach:

• No clear "winner" — family law disputes, particularly parenting matters, rarely have a clear winner or loser. The court's focus is on the best interests of children and just and equitable outcomes, not determining who is "right."
• Ongoing relationships — where children are involved, parties often need to maintain a co-parenting relationship for many years. Costs orders can create additional conflict and resentment that may harm children's interests.
• Access to justice — the risk of paying the other party's costs could discourage people from pursuing legitimate claims or defending themselves in family law matters.

When a Court Can Order Costs (s114UB)

While the general rule is that each party bears their own costs, section 114UB of the Family Law Act 1975 — in the new Part XIVC (Costs), which replaced section 117 on 10 June 2025 — gives the court discretion to order one party to pay the other's costs in certain circumstances, and makes clear costs can be ordered regardless of the degree to which a party was successful.

What the court considers

When considering whether to make a costs order, the court must have regard to:

• The financial circumstances of each party to the proceedings.
• Whether any party is in receipt of legal aid and, if so, the nature of that assistance.
• The conduct of the parties in relation to pleadings, discovery, particulars, inspection, directions to answer questions, admissions of facts, production of documents, and similar matters.
• Whether the proceedings were necessitated by a party's failure to comply with previous orders.
• Whether any party has been wholly unsuccessful in the proceedings.
• Whether a party has made a written offer to settle and the terms of any such offer.
• Such other matters as the court considers relevant.

Conduct that may attract costs orders

• Unreasonable refusal to negotiate
• Making false allegations
• Failing to comply with court orders
• Failing to make proper disclosure
• Unnecessarily prolonging proceedings
• Pursuing frivolous or vexatious claims
• Rejecting reasonable settlement offers
• Failing to attend court events

Calderbank Offers and Costs Consequences

A Calderbank offer is a strategic tool that can have significant costs consequences if the matter proceeds to a contested hearing. Named after the English case Calderbank v Calderbank [1975], it is a formal written settlement offer made "without prejudice save as to costs."

How it works:

• Protected during the hearing — the offer cannot be disclosed to the court while it is deciding the merits. The judge will not know about the offer when making their decision.
• Disclosed for costs — after judgment, the offer can be shown to the court when determining costs. If the party who rejected the offer did not achieve a better result at trial, this may support a costs order against them.
• Encourages settlement — the potential costs consequences encourage parties to seriously consider reasonable settlement offers rather than proceeding to a contested hearing.

Assessment of Costs: Party-Party vs Solicitor-Client

When a costs order is made, the amount payable is determined through a process called assessment (or taxation). There are two main bases for assessment, and they differ significantly in what they recover.

Party-party costs (standard basis)

This is the usual basis for costs orders between parties. It covers costs that are reasonable and necessary, with doubts resolved in favour of the paying party. Party-party costs typically recover 60–70% of actual costs incurred.

Solicitor-client costs (indemnity basis)

This more generous basis covers all costs except those unreasonably incurred, with doubts resolved in favour of the receiving party. It may recover close to 100% of actual costs, and is reserved for exceptional circumstances such as serious misconduct, allegations known to be false, or deliberate frustration of proceedings.

Official Scale of Costs: Family Law Rules 2021

When the court orders one party to pay another's costs, the amounts payable are set out in the scale of costs in the Family Law Rules 2021. These are the maximum recoverable amounts under a party-party costs order.

Division 2 Scale (Schedule 1)

These rates apply to matters in Division 2 of the Federal Circuit and Family Court of Australia. All amounts include GST.

Hourly rates for drafting, conferences and chamber work (Division 2)

Division 1 Scale (Schedule 3)

These rates apply to complex matters in Division 1 of the Court, including appeals. All amounts include GST.

Counsel's work — Division 1

Undefended divorce — composite amounts (Division 1)

Enforcement Warrant / Third Party Debt Notice (Division 1)

Costs in Contravention Proceedings

Division 13A of the Family Law Act 1975 contains special rules about costs in contravention proceedings that affect children. These rules differ from the general costs principles.

• More serious breaches — if the court finds a "more serious" breach of an order has occurred, it must order costs against the person breaching the order, unless it would not be in the child's best interests. This is different from the general discretionary approach.
• Dismissed or repeat applications — if the court dismisses a contravention application (or finds no action is required) and such a finding has been made previously, the court must consider ordering costs against the person who filed the application. This discourages repeated frivolous applications.

Taxation of Costs: Disputing an Amount

When costs have been ordered to be paid (other than a fixed amount), the assessment process determines exactly how much is payable. This is called "taxation" or "assessment" of costs.

1. Itemised Costs Account served — the party entitled to costs serves an Itemised Costs Account on the party liable to pay. If undisputed, the liable party simply pays the amount.
2. Notice Disputing Costs — if disputing the account, the liable party files a Notice Disputing Itemised Costs Account. The parties must then attempt to resolve the dispute genuinely.
3. Settlement conference or preliminary assessment — if unresolved, the matter proceeds to a settlement conference, or a registrar may give a preliminary assessment of the appropriate amount.
4. Assessment hearing — if still unresolved, a Judicial Registrar conducts an assessment hearing, examining evidence of costs claimed (file notes, invoices, etc.) and makes a costs assessment order.

Disbursements and Other Expenses

Beyond legal fees and court filing fees, family law proceedings often involve additional expenses called disbursements. Whether represented or self-representing, these costs need to be considered.

• Expert reports — property valuations (real estate, businesses, superannuation), family consultants' reports, and other expert evidence. Costs vary significantly depending on complexity.
• Service of documents — personal service by a professional process server may cost $100–$300 or more depending on difficulty of service. Substituted service applications involve additional court fees.
• Transcripts — official transcripts of court hearings may be ordered for appeals or other purposes. Costs depend on the length of the hearing and urgency of the request.
• Subpoena costs — filing fees for subpoenas plus conduct money (payment to the recipient for their time and expenses in complying with the subpoena).
• Mediation and FDR costs — Family Dispute Resolution with registered practitioners typically costs each party for their share of the session. Some services offer fee waivers or reduced rates for eligible clients.

Self-Representation and Cost Savings

Self-representation in family law matters has become increasingly common, with a significant proportion of litigants in the Federal Circuit and Family Court appearing without legal representation for at least some part of their proceedings.

• Eliminated legal fees — by self-representing, you avoid solicitor and barrister fees while retaining full control over your matter. This requires investing your own time in understanding the law and procedures.
• Court support for self-represented litigants — courts have a duty to assist self-represented litigants to understand proceedings and present their case effectively. While the court cannot give legal advice, judicial officers often explain procedures and ensure fair process.
• Resources and education — educational resources, including guides, templates, and tools, can help self-represented litigants navigate proceedings and bridge the knowledge gap between represented and self-represented parties.

How Costs Stack Up: Realistic Examples

The scale of costs shows individual items, but understanding how these accumulate across a typical matter is essential for realistic budgeting.

Scenario 1: Simple consent orders

Parties agree on parenting arrangements — likely the most affordable path.

Scenario 2: Contested parenting matter

Interim hearing + Family Report + 1-day final hearing.

Scenario 3: Complex property settlement

Business valuations + superannuation + 3-day final hearing.

Key cost insights

• Time equals money — every email, phone call, and letter from your lawyer is billed. Matters that drag on for 12–24 months accumulate significant "ongoing file work" charges.
• Barristers add up fast — brief fees, conference fees, and daily hearing rates mean barrister costs can equal or exceed solicitor costs in contested matters.
• Experts are expensive — business valuers, forensic accountants, and actuaries can charge $5,000–$20,000+ for complex valuations.
• Settlement saves thousands — resolving before final hearing eliminates the largest cost component. Even a small compromise can save $30,000–$100,000 in trial costs.
• Costs orders multiply risk — losing at trial and having costs ordered against you means paying a portion of the other party's legal bills on top of your own.
• Self-representation is viable — with proper preparation and guidance, many people successfully self-represent, especially for consent orders and simpler matters.

Frequently asked questions