Costs and fees
Generally, each party to proceedings under the FL Act pays their own costs (s 117). However, the court can order one party to pay costs, after considering:
the financial circumstances of each of the parties;
whether any party is receiving legal aid;
the parties’ conduct in relation to the proceedings;
whether the proceedings were commenced because of the failure of a party to comply with previous orders;
whether any party has been wholly unsuccessful;
whether an offer in writing of settlement has been made; and
any other relevant factor.
One person may offer to settle the proceedings. When the court considers the case before it, it does not have notice of the offer until the case is concluded and the question of costs is raised (s 117C).
If the matter before the court is frivolous or vexatious, the court can dismiss the matter and make vexatious proceedings orders, preventing the applicant from making further applications without leave of the court (s 102QB).
Solicitors’ charges for family law matters are governed by chapter 12 of the court’s rules.
The FL Act allows solicitors to make a contract to charge more than the existing scale. Before doing so, a solicitor must advise the client to obtain independent legal advice in relation to any such agreement. The fee scale is pursuant to schedule 3 of the court’s rules.
Family Law Act
Chapter: 4.1: Marriage and divorce
Contributor: Rebecca Dahl, Partner, Nicholes Family Lawyers
Current as of: 1 September 2024
Law Handbook Page: 232
Next Section: Contacts
