The Court has announced new fees effective from 1 July 2023, and as family lawyers have come to expect, there have been increases to the fees across the board.
The following table outlines some of the difference in fees pre and post 1 July 2023:
| ITEM | PRE 1 July 2023 | NEW FEES FROM 1 JULY 2023 |
| Application for divorce | $990 | $1,060 |
| Application for divorce – reduced fee^ | $330 | $350 |
| Application for consent orders | $180 | $195 |
| Application for decree as to nullity | $1,405 | $1,505 |
| Application for decree as to nullity – reduced fee^ | $465 | $500 |
| Application as to validity of Marriage, Divorce Annulment | $1,405 | $1,505 |
| Initiating Application (Parenting OR Financial, Final only) | $385 | $410 |
| Initiating Application (Parenting OR Financial, Final AND Interim) | $515* | $550* |
| Initiating application (Parenting AND Financial, Final only) | $625 | $670 |
| Initiating Application (Parenting AND Financial, Final AND Interim) | $755* | $810* |
| Response to initiating application (Final) | $385 | $410 |
| Notice of appeal or an application for leave to appeal | $1,500 | $1,605 |
| Interim order application/Application in a case (Parenting AND/OR Financial) | $130 | $140 |
| Issue subpoena | $60 | $65 |
| Setting down for hearing fee (defended matter) (This fee is not refundable) | $695 (Div 2) $945 (Div 1) | $745 (Div 2) $1,010 (Div 1) |
| Daily hearing fee (for each hearing day, excluding the first hearing day) | $695 (Div 2) $945 (Div 1) | $745 (Div 2) $1,010 (Div 1) |
| Conciliation conference | $435 (Both) | $465 (Both) |
|
* Initiating
applications that seek interim AND final orders also attract
the interim order fee. Example:
Initiating Application
(Parenting AND Financial) $670 + Interim order
application $140 = Total filing fee $810
Initiating Application
(Parenting OR Financial, Final) $410 + Interim order
application $140 = Total filing fee $550
If you hold
certain Government concession cards or you can demonstrate financial
hardship, you may be eligible for: ^ a reduced fee for an application for divorce (both parties must be eligible if filing a joint application) or decree of nullity. | ||
Often when considering the cost of family law matters, people think only about the cost of legal advice and while lawyers’ fees often make up the majority of the costs incurred, the court fees are an unavoidable addition.
For example, if you and your ex are able to reach an agreement regarding property and/or parenting matters without commencing court proceedings (i.e. through private negotiations, negotiations via your lawyers, or mediation) this agreement can be formalised by consent Orders. In addition to your lawyers’ fees, you will need to pay $195 to the court before they can review the proposed orders.
Your lawyers will keep you updated on the fees we expect to incur, along with the court fees that may be applicable as your matter progresses.
If you have questions about which fees apply in your matter, or you would like to discuss your family law matter generally, please reach out to arrange an appointment with one of our specialised family lawyers.
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Article By: Isobel Spencer
Family Lawyer
Prior to entering the legal profession, Isobel worked in the disability and aged care sector and, through this, developed strong interpersonal skills and the ability to build meaningful professional relationships where clients feel heard and supported. Isobel has a particular interest in parenting matters and strives to find a resolution for clients as efficiently as possible.