Generally, no. In Australian family law, each party usually bears their own legal costs, regardless of the outcome. This is different from some other areas of law where the losing side pays the winner’s costs.
There are exceptions. A Court can order one party to contribute to the other’s legal costs in certain circumstances, for example where one party has behaved unreasonably during proceedings, made the matter unnecessarily complicated or drawn out, or has significantly more financial capacity than the other. Costs orders aren’t the default outcome, but they exist as a deterrent against bad behaviour during a matter.
If you’re worried that ongoing conflict or unreasonable conduct from your ex might justify a costs order in your favour, or that your own conduct might risk one against you, this is worth raising directly with us early. It can also factor into broader strategy around how a matter is handled.
Book a free appointment with Melanie.
Get clear advice before you make decisions you can’t undo.