Family lawyer fees in Australia

How fees usually work

Family lawyers usually charge by the hour, though some offer fixed fees for set pieces of work, such as an initial consultation or documenting an agreement. Matters that go to court generally cost much more than matters resolved by agreement.

Before going to court

In most parenting disputes you must try family dispute resolution and obtain a certificate before applying to court, with exceptions such as family violence or urgency. Family Relationship Centres provide information and family dispute resolution services.

Which court, and who pays

Family law matters are heard by the Federal Circuit and Family Court of Australia everywhere except Western Australia, where the Family Court of Western Australia handles family law. Both charge filing fees. The general rule in family law is that each party pays their own legal costs.

Your right to know the costs, state by state

Every Australian state and territory requires lawyers to tell clients about their costs, including an estimate, and gives clients a way to dispute a bill. The rules and the body that handles complaints depend on where your lawyer practises:

• New South Wales: Legal Profession Uniform Law. Complaints: Office of the Legal Services Commissioner. Legal aid: Legal Aid NSW.
• Victoria: Legal Profession Uniform Law. Complaints: Victorian Legal Services Board and Commissioner. Legal aid: Victoria Legal Aid.
• Western Australia: Legal Profession Uniform Law (since 1 July 2022). Complaints: Legal Practice Board of Western Australia. Legal aid: Legal Aid WA.
• Queensland: Legal Profession Act 2007 (Qld). Complaints: Legal Services Commission. Legal aid: Legal Aid Queensland.
• South Australia: Legal Practitioners Act 1981 (SA). Complaints: Legal Profession Conduct Commissioner. Legal aid: Legal Services Commission of South Australia.
• Tasmania: Legal Profession Act 2007 (Tas). Complaints: Legal Profession Board of Tasmania. Legal aid: Legal Aid Commission of Tasmania.
• Australian Capital Territory: Legal Profession Act 2006 (ACT). Complaints: ACT Law Society. Legal aid: Legal Aid ACT.
• Northern Territory: Legal Profession Act 2006 (NT). Complaints: Law Society Northern Territory. Legal aid: Northern Territory Legal Aid Commission.

Questions to ask first

• Is this a fixed fee or hourly? If hourly, what is the rate and roughly how many hours do you expect?
• What is included, and what would cost extra?
• Which costs are disbursements or official fees, and roughly how much are they?
• How often will I be billed, and can I get an update on costs as we go?

Free and low-cost help anywhere in Australia

• Each state and territory has a legal aid commission, listed above, which gives free legal information and advice, and legal aid if you're eligible.
• Community legal centres give free legal help across Australia.

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