Understanding the Court’s Power and How to Protect Yourself One of the most common assumptions in family law is that everyone pays their own legal costs. While this is often true, it is not absolute. In many circumstances, the Family Court has the power to order one party to pay some or all of the other party’s legal costs and those orders can be significant. Understanding when costs may be ordered (and how to avoid them) is essential if you are involved in family...
Legal Costs in family law proceedings: Overview and Legal Framework The law relating to costs in family law proceedings is well settled and set out in detail in the Full Court decision of Parke & The Estate of the Late A Parke. General Presumption and Exceptions An application for costs is governed by s 117 of the Family Law Act 1975 (Cth) (“the Act”). Section 117(1) of the Act sets out the general presumption that each party to the proceedings shall bear their own costs. This...
