As of 1 July 2024, the filing fees for the Federal Circuit and Family Court of Australia were updated. These updated fees were set by the Family Law (Fees) Regulation 2012 and mean that the cost of filing applications and certain response documents related to your family law matter have increased, alongside the cost of some court events.
This blog explores what the new Family Court fees are and how this may impact the costs associated with your family law matter.
The new Federal Circuit and Family Court of Australia fees are contained within the gazetted annual federal courts and tribunals fee increases from 1 July 2024. Some of the most common filing fees you may face in your family law matter are listed below. A more comprehensive list of the new fees can be located on the Family Court website.
The cost of some court events has also increased. For example, the cost to both parties of a Conciliation Conference has increased from $465 to $480.
You may apply for an exemption of court fees (except for when applying for divorce) in a number of circumstances. These include:
If you are applying for divorce or for a decree as to nullity of marriage (i.e., an annulment) and one of the above applies, you may be eligible for the reduced fee of $365 rather than for an exemption of fees.
If none of the above circumstances apply, you may also be eligible to apply for an exemption of fees on financial hardship grounds. This may be possible if your income and living expenses are such that payment of the fee would cause you financial hardship.
If you are represented by a lawyer in a family law matter, the fees associated with filing certain court documents (known as disbursements) are separate to the standard fees charged for the work your solicitor is undertaking on your behalf (known as professional fees). Unless you qualify for an exemption of court filing fees (or a reduction), you will be required to pay these fees in addition to the fees your lawyer charges you for their services.
How your lawyer’s fees will be charged may depend upon the type of cost agreement you have entered into with your solicitor.
As an overview, our family law fees ordinarily use one of the following arrangements.
Under a fixed fee cost agreement, you and your solicitor agree upon a set fee at the beginning of your matter. This fee will include the costs of filing court proceedings, as well as any other disbursements that may be associated with your matter.
Under an hourly rate matter, filing fees and other disbursements will generally be charged on top of, or in addition to, the charges/professional fees for the work that is completed on your matter.
You may also be offered different kinds of cost agreements depending upon your circumstances and specific matter. This may, for example, include a ‘deferred fee’ or ‘pay at the end’ agreement.
We are often asked about “no win no fee” arrangements. No win no fee agreements are prohibited in family law matters. This is because outcomes in family law matters are generally not as straight forward as, for example, personal injury compensation matters. This is especially the case when children are involved.
Smith Family Law may be able to offer flexible cost agreements at the outset of your matter that will best suit your circumstances. Contact our team to arrange a free initial appointment with one of our lawyers to discuss your matter, as well as how we charge.
It costs you nothing to find out where you stand.
This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact Smith Family Law.
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Ben Smith
