Who pays court costs in family court in Australia under Federal Circuit and Family Court, general rule is each party pays their own court costs and legal costs, because family law follows no costs principle, unlike civil courts where loser pays winner's costs. For divorce application, applicant pays filing fee $1,060 or $365 concession, and each pays own lawyer if any, court does not order other party to pay. For parenting and property settlement applications, each party pays own filing fees, for example $410 for parenting, $410 for property, and own legal fees of $5,000 to $50,000+ depending on complexity, and court will not usually order one party to pay other's legal costs even if they win, to avoid discouraging people from seeking parenting orders. Exceptions where court may order costs include if one party has been unreasonable, failed to disclose financial documents, breached court orders, or engaged in abuse of process, then judge may order costs of $2,000 to $20,000. For example, if one party refuses mediation without reason or hides assets, court may order them to pay other's costs. Legal Aid clients do not pay other side's costs. For court filing fees, if you have concession card, you can apply for fee reduction. So in family court, each pays own costs, and costs orders are rare, only for misconduct. This is different from other courts where loser pays.
1 votes
Marked as accepted