You are weighing up going to court, and one worry sits underneath all the others: what will this cost, and how long will it drag on? Here is the plain answer. A straightforward matter costs around $10,000 to get started. A contested case that runs all the way to a final hearing can climb past $100,000. This page walks you through the real numbers at each stage, what pushes them up or down, whether you can get any of it back from the other side, and the practical ways to keep the bill down.
Cost and timeline at a glance
The figures below are a guide, not a quote. They are court fees plus the legal work at each stage of a matter that keeps moving forward.
| Stage | Indicative legal cost | Indicative timeframe |
|---|---|---|
| Getting started: preparing and filing your initiating application and supporting affidavit | $5,000 to $20,000; a normal matter is closer to $10,000 (the court’s filing fee is separate) | The first step, before any court date |
| First court date, interim orders and dispute resolution | Builds on the above as the matter is argued (the court’s interim application fee is $155, a conciliation conference is $510) | The bulk of the year or more before a final hearing |
| About a year in: readiness for a contested hearing | $30,000 to $230,000 in total by this point, depending on how severe the matter is | Roughly one year of proceedings |
| Final hearing | More again on top (the court’s setting-down and daily hearing fees are $820 in Division 2, $1,115 in Division 1) | A final hearing is usually at least a year away, more likely two; the hearing itself runs two to five days; a reserved judgment can take one month to two years |
Getting started means preparing your initiating application and the supporting affidavit, then filing them. Here is what that part runs:
Typically, something like this will cost you between $5,000 to $20,000. Now, that is such a wide range, but it really depends on the complexity and the detail that’s provided in the documents and the type of the matter.
A normal matter sits closer to that $10,000 mark. Everything after it is where the number can run away from you.
What pushes the number up or down
A few things decide where you land in that range:
- The complexity of the property settlement or the parenting issues in dispute
- The level of conflict between you and the other party
- How long the matter runs
- Expert reports, such as property valuers and family report writers
- Whether allegations of family violence or risk to a child are involved
One more factor catches people out. Running your own matter to save on legal fees often costs more in the end, not less, because mistakes in your documents or in procedure are expensive to fix once they are made.
The court’s own fees
These are the court’s charges, and they are separate from what your lawyer bills you. Current family law fees at the Federal Circuit and Family Court of Australia include:
- Initiating application for final orders (parenting or financial): $455
- Interim application: $155
- Divorce application: $1,170, reduced to $390 if you qualify
- Conciliation conference: $510
- Setting a defended matter down for hearing: $820 in Division 2, $1,115 in Division 1
- Daily hearing fee: $820 in Division 2, $1,115 in Division 1
- Issuing a subpoena: $70
- Filing consent orders: $215
The court sets these fees and reviews them each year, so confirm the current figure before you file.
How your legal bill adds up
Your lawyer’s fees are the larger number, and they are built from a few parts:
- Solicitor time, charged at an hourly rate that varies with seniority
- A barrister for court work, charged as a brief fee plus a daily hearing rate
- Disbursements, meaning filing fees, expert reports, subpoenas and similar out-of-pocket costs
There is one thing worth understanding here. The court publishes a scale of costs that governs what can be recovered on a cost order. That scale is not what your own lawyer charges you. It caps what you can recover on a party-party basis if a court orders the other side to contribute, which brings us to the question most people ask next.
Can you get any of your money back?
Most people assume that if they win, the other side pays their legal bill. In family law, that is usually wrong. The starting position is that each party pays their own costs under the Family Law Act 1975 (Cth) s 114UB. A court can order otherwise where the circumstances justify it (s 114UB(2)), weighing the factors set out in s 114UB(3): each party’s financial circumstances, whether either party has Legal Aid, how the parties have conducted the case, any failure to comply with orders, whether a party was wholly unsuccessful, and any offers to settle.
If you have been reading older articles, you may have seen this rule described as section 117. That provision was repealed on 10 June 2025, when the court’s costs powers were moved into a new Part XIVC of the Act. The rule itself has not changed; only the numbering has.
There are two kinds of cost order. Party-party costs are a partial contribution, well short of what you actually paid. Indemnity costs are close to full recovery, and a court orders them only where there is some special or unusual feature to the case (Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225). Be honest with yourself here. Cost orders are the exception, not the rule, and even a party-party order leaves you out of pocket.
How to keep the bill down
The cheapest litigation is the one you never have to run. That is not a line to talk you out of getting advice. It is the truth about how most family law matters actually end:
I know you’re on a family law website, but you probably don’t need a family lawyer. I know that’s a crazy thing to say for somebody that owns a family law firm, but the truth is that over 60% of Australians are able to resolve their family law matters without seeing a lawyer, without seeing a mediator, without ever seeing a courtroom.
It is worth remembering what the alternative looks like. By about a year into a contested matter you could have spent anywhere from $30,000 to $230,000, depending on how severe things are and the nature of the allegations, and you still have not reached the final hearing. That is the number that makes settling early look sensible.
So before you commit to court, look hard at the ways to keep the cost contained:
- Structured family mediation and other dispute resolution, which can often resolve a matter in weeks rather than the year or more litigation takes
- Reaching an agreement and locking it in with consent orders, which cost $215 to file and need no hearing
- A fixed-fee arrangement where the work suits it, so you know the number up front
- Being organised with your documents, so you are not paying an hourly rate for admin
Making the call
Know your range before you commit. Get advice early, while your choices are at their widest. And treat settlement as your default position, not the option you fall back on once the money has run out.
If you want a clear read on what your matter is likely to cost and how to keep it contained, book a free discovery call with me and my team. We will talk you through your options and the likely path, with no pressure and no obligation. Call 1300 614 732 or send us a message to speak with our family court lawyers.
Frequently Asked Questions
How much does family law litigation cost in Australia?
A straightforward matter costs around $10,000 to get started. A contested case that runs to a final hearing can climb well past $100,000, and by about a year into a heavily contested matter the total can sit anywhere from $30,000 to $230,000. Court fees are charged on top and are separate from your lawyer’s fees.
Can I make the other party pay my legal costs?
Usually not. The starting position under the Family Law Act 1975 (Cth) s 114UB is that each party pays their own costs. A court can order otherwise where the circumstances justify it, but cost orders are the exception, and even a partial order leaves you out of pocket.
What is the difference between party-party and indemnity costs?
Party-party costs are a partial contribution towards your legal fees, well short of what you actually paid. Indemnity costs are close to full recovery, and a court orders them only where there is some special or unusual feature to the case. Most cost orders, when they are made at all, are on the party-party basis.
How long does it take to get to a final hearing in the family court?
A final hearing is usually at least a year away, and more likely two. The hearing itself commonly runs two to five days. If the judge reserves the decision, the judgment can then take anywhere from one month to two years to be delivered.
Is mediation cheaper than going to court?
In most cases, yes. Mediation and other dispute resolution can often resolve a matter in weeks, at a fraction of what litigation costs. Litigation typically runs one to two years, and the legal fees build the whole way through, which is why settling early is almost always the cheaper path.
What are the current family court filing fees?
Current fees at the Federal Circuit and Family Court of Australia include $455 for an initiating application for final orders, $155 for an interim application, $1,170 for a divorce application (reduced to $390 if you qualify), $510 for a conciliation conference, and $215 to file consent orders. The court reviews these annually, so confirm the current figure before you file.
