Can the other party pay my family court legal costs?

Generally the Family Courts in Australia operate on the basis that each party pays their own legal costs.

Section 117 of the Family Law Act says that subject to some other sections of the Act each party will bear their own legal costs.

However, section 117 then goes on to say the Court can make Orders as to legal costs as it considers just, and then the section further details what the Court may consider when deciding whether and what Order it might make on costs.

We do not attempt to detail all the scenarios when a Court might be persuaded to make an Order to say that one party pay the other’s legal costs, however some possibilities are:-

• If a party has not complied with previous Court Orders

• If a party has unreasonably delayed

• If a party has been wholly unsuccessful in their claim before the Court

• If a party made a formal offer of settlement that the other party did not accept, and then the Court granted a more favourable result to the party that made the offer

A Court will not always make a costs Order if one of the above circumstances occur. The Court has a discretion to make a costs Order. This means the Court may make a costs Order, or not, as it considers just in the circumstances.

Because of the different factors that will be weighed up by a Court deciding if and when to make a costs Order it is important to seek advice from a family lawyer on your particular facts and circumstances.

In the Family Court system it is not usually a safe or wise practice to commence and continue proceedings with any expectation of recovering your legal costs.

If you would like to discuss this or any other family law issue do not hesitate to contact David of our Ipswich office for advice tailored to your needs.