Guide to Family Law Court Fees in NSW (Updated 2024)

What are the costs of going to family court in Australia?

Being involved in legal proceedings in the family court system can be a daunting journey fraught with emotional challenges and uncertainty. For many individuals in Australia, the prospect of navigating family court fees adds an additional layer of stress to an already difficult situation.

Understanding the financial implications of going to court is crucial for anyone considering commencing proceedings in court, as well as for respondents (parties who are served with court documents and need to respond).

It is important to consider the factors that influence the costs associated with court proceedings. These  include the type of application being brought to court (such as a a parenting or property application, or both), the costs associated with your legal representation (including instructing counsel), the complexity of your case (if your matter involves complex legal issues, multiple parties et cetera), and court fees such as hearing and filing fees).

Individuals may be able to access legal representation through Legal Aid, depending on their financial situation, which can make the court process more accessible.

Family Law Court filing fees

In addition to the cost of legal representation, there are court filing and hearing fees payable by both applicants and respondents in family court proceedings. The fees payable depend upon the type of application you are bringing to the court or responding to.

Filing fees payable in the Federal Circuit and Family Court of Australia are set out in Schedule 1 of the Family Law (Fees) Regulations 2022. Some individuals may be entitled to a discount on fees (for example, if they have been issued with a concession or health care card).

As of 1 July 2024, filing and hearing fees in the family law courts are as follows:

Court Event Fees:

FAQ:

Who pays for family court costs in Australia?

Typically, parties involved in court proceedings pay their own court costs, including their filing fees and for their legal representation.

The Court has the authority to order one party to pay the legal costs of another party, if it is just to do so in the circumstances. For example, if a party is continuously failing to comply with court orders, or is refusing to settle on appropriate terms and unnecessarily prolonging litigation, the court may make an order for costs.

Section 117 of the Family Law Act 1975 deals with costs in family law proceedings. Section 117(2A) outlines what the court must consider when determining whether to make an order that one party pay the costs incurred by another party. The factors the Court must consider include:

• The financial circumstances of each of the parties to the proceedings;
• Whether any party is receiving assistance through Legal Aid;
• The conduct of the parties;
• Whether any party has been wholly unsuccessful in the proceedings;
• Whether a party has attempted to settle the matter; and
• Such other matters as the court considers relevant.

Costs are further set out in Part 12 of the Family Law Rules 2021.

When must payments be made to the family court?

Fees payable in connection with the filing of an application or response must be paid at the time the document is filed with the court.

When a matter is set down for trial/defended hearing, the setting down fee is payable 28 days prior to the hearing.

Daily hearing fees are payable at least two (2) business days prior to the first hearing day.

How can payments be made to the family court?

Making payments to the family court is simple. Payments can be made online by bank or credit card when filing documents at http://www.comcourts.gov.au/. If you are legally represented, your lawyer will facilitate payment of the relevant fees, which will be invoiced to you as disbursements.

Court event fees can be paid online by individuals at https://eservices.comcourts.gov.au/.

Payment for filing and court event fees can be made via the court registries, using your EFTPOS, debit card or credit card.

Fees can also be paid by mail, using the court’s credit card payment form.

Can you have your family court fees reduced or waived?

Depending on your circumstances, you may be entitled to an exemption or reduction of court fees, pursuant to the Family Law (Fees) Regulations 2022. Under rule 2.04 and 2.05, you may be exempt if:

1. You have been granted Legal Aid; or
2. You have a health care card or a pensioner concession card; or
3. You receive Youth Allowance or Austudy payments; or
4. You are experiencing, or may experience, financial hardship.

If your income, day-to-day living expenses, liabilities and assets are such that a payment of the full court fee would cause you financial hardship, you can complete an Application for Exemption of Fees – Financial Hardship (noting that this form cannot be used for divorce applications).

Worried about legal costs?

If you are worried about legal costs, it’s important to speak openly with your lawyer. At Hulse Family Law we offer a variety of payment options to clients including pay-at-end options in certain matters. We are also partnered Just Fund, a litigation funder which provides payment support to family law litigants.

If you would like to speak to a Wollongong Family Lawyer or Shoalhaven Family Lawyer about your family law issues, please contact us to arrange an obligation-free initial consultation in-person, by telephone, or online via zoom.