What factors does the court consider when determining costs in family law proceedings?

The court considers factors such as the financial circumstances of the parties, legal aid assistance, conduct of the parties, failure to comply with previous court orders, success or lack thereof in the proceedings, settlement offers, and other relevant matters.

Are costs normally ordered on a party/party basis in family law cases?

Yes, costs are typically ordered by the court on a party/party basis, which means the cost for the actual work carried out as determined by the costs set out in the Family Court Rules.

Can the court order specific amounts or different assessment methods for costs?

Yes, the court has the discretion to order specific amounts, assess costs on different bases (such as party and party, solicitor and client, or indemnity), calculate costs according to a specified method, or assess costs for specific parts of the proceedings in accordance with Schedule 3.

What are indemnity cost orders in family law proceedings?

Indemnity cost orders refer to the actual costs incurred and are made only in exceptional cases. They may be awarded when a case was pursued with wilful disregard of known facts or clearly established law, or when there has been an imprudent refusal of an offer to compromise.

When can indemnity costs be awarded in family law cases?

Indemnity costs may be awarded when the applicant, properly advised, should have known they had no chance of success, or when a party persists in what should be seen as a hopeless case upon proper consideration. Such costs are reserved for exceptional circumstances.

Method of cost assessment Archives

27 Jun 2023

Legal costs in family law proceedings

Family Law, General Law
James Noble

Legal Costs in family law proceedings: Overview and Legal Framework [caption id="attachment_16375" align="alignright" width="350"] Legal Costs in family law proceedings: Overview and Legal Framework[/caption] 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...

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