Disputing Legal Costs in Family Law Image Copyright © 2014 Niche Media Pty Ltd. ABN 13 064 613 529.

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Presentation transcript:

Disputing Legal Costs in Family Law Image Copyright © 2014 Niche Media Pty Ltd. ABN

Estimations show that a Family Court matter costs an applicant an average of $6, in legal fees and disbursements, and an average $8, for respondents. Attorney General’s Department, A Strategic Framework for Access to Justice in the Federal Civil Justice System, 2009, 41.

Since 2010, the Australian Federal Government has introduced changed that have increased court fees by $102.4 million. Chris Merritt, “Divorce fee ‘too high’ for poor”, The Australian, April 26, 2013.

$3,600 = the average cost of a divorce per couple $10,000 = the average cost of a contested divorce Michelle Hammond, “Five Industries cashing in on Australia’s soaring divorce rate”, Private Media Pty Ltd, StartupSmart, 22 April 2013, australias-soaring-divorce-rate/ html australias-soaring-divorce-rate/ html

10 = the number of years that can be added to the working lives of Australians who divorce SunCorp Superannuation Research Report, Untying the Knot, July 2013.

Image Copyright © Slater & Gordon Lawyers.

13.5 = the percentage by which the total cost of divorce in Australia increased between 2008 and 2013 Michelle Hammond, “Five Industries cashing in on Australia’s soaring divorce rate”, Private Media Pty Ltd, StartupSmart, 22 April 2013, australias-soaring-divorce-rate/ html australias-soaring-divorce-rate/ html

Cost Dispute Avenues:  Mediation  Obtaining a costs assessment  Costs review or having costs ‘taxed’  Setting aside a costs agreement  Making a complaint about your lawyer to the relevant professional body.

Council of the Queensland Law Society v Roche [2004] 2 Qd R 574: extreme cases of overcharging can result in disciplinary action against the lawyer.

Contact your State or Territory Law Society for further advice. You have a right to dispute legal costs! Image Copyright of Cannon Ferguson Lawyers 2014.