Family Law

What you need to know

Family Law Perth

The Perth Family Law Court is normally a ‘no costs’ jurisdiction. Thus meaning the general position is that each party in Perth Family Law Court proceedings bear his or her own costs. Regardless of the outcome. There are exceptions to this rule. As an example appeals in the Court may make Orders. Therefore leaving the unsuccessful party to pay all or some of the legal fees incurred by the successful party in bringing or defending the appeal.

Family Law – Perth Court Discretion

With the family Law Court having discretion to make such Orders. This empowers the court to consider costs and security for costs, then whether to and or how to exercise its discretion.  The Court considers a raft of factors, including but not limited to, the parties’ financial circumstances. Their conduct in relation to the proceedings, and the extent to which any party was unsuccessful in the proceedings.

Having made these points the exceptions to the general position are few. Therefore we would usually encourage clients considering the Family Law Court proceedings to do so on the basis that their costs would not be recoverable.

Family Law – Perth Court Proceedings

This may be important if you are considering Family Court proceedings. Excessive legal fees could reduce the value of the asset pool of the marriage or relationship. Therefore it may have additional undesirable effects on the practical aspects of a matter. To use an extreme example. It could be that you may spend $10,000 on making a particular argument in the Family Law Court. To only achieve a net result of a $1,000 increase in the asset pool, and little scope for recovering your costs.

Family Law – Perth Litigation

Generally it is difficult to estimate the costs of Family Court litigation. This is due to a number of variables that may affect the conduct of that litigation. It is however important to obtain some idea of what litigation could cost even if it is just a range. This will then allow you to make an informed decision as to how best to progress your matter.

Family Law Perth Costs

If you would like to know more about costs in Family Court proceedings. Please contact Balmoral Legal on (08) 9355 0776 and speak to one of our experienced solicitors.

Please note that the above comments are provided by way of general information only and do not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact one of our experienced solicitors on (08) 9355 0776.

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