Will I have to pay costs if I lose a court case in Australia?

Common question · Civil Litigation & Dispute Resolution · Australia · 23 October 2026

General information from Lawmateanz

Generally, the losing party in Australian courts pays a portion of the winning party's legal costs.

Small claims divisions and tribunals often have limited costs rules.

Settlement offers can affect costs.

Ask your lawyer about the cost risk before starting.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

Lawyer answers

Lawyers listed on Lawmateanz can answer this question. If you asked it, we'll email you as soon as it's answered.

Need help now? Get matched with a lawyer

Are you a lawyer? Answer this question · List free on Lawmateanz

Related questions

More about Civil Litigation & Dispute Resolution →

General information only. Answers are written by independent lawyers based only on what's in the question. They aren't legal advice about your situation and don't create a lawyer–client relationship. For advice about your own matter, talk to a lawyer directly.

Ask your own questionGet matched with a lawyer