How much do consent orders cost in Australia?: 2023 update - Family Law

How much do consent orders cost in Australia?

The cost of consent orders in Australia can vary depending on your case's complexity and your lawyer's experience. However, you can expect to pay between $2,500 and $6,000 for drafting or reviewing standard consent orders.

Here is a breakdown of the costs you can expect to incur:

Lawyer's fees: $2,500 to $6,000
Court filing fees: $195
Other costs: $500 to $1,000 (e.g., expert fees, disbursements)

You may be eligible for legal aid if you have a low income. Legal aid can help you pay for a lawyer and other costs associated with your consent order application.

Does the Complexity of the Order Affect the Cost?

Yes, the complexity of the consent order can affect the cost. A more complex order will require more time and effort from your lawyer, resulting in a higher fee.

Here are some factors that can increase the complexity of a consent order:

The number of issues to be resolved: The more issues that need to be negotiated and agreed upon, the more complex the order will be.
The complexity of the issues: Some issues are more complex than others, which will take more time and effort to resolve.
The need for expert evidence: If expert evidence is required, this will add to the cost of the order.
The need for multiple hearings: If multiple hearings are required, this will add to the cost of the order.

If you are concerned about the cost of your consent order, it is important to talk to your consent order lawyer about the factors that will affect the cost. They can give you an estimate of the cost before you proceed.

Tips For Reducing The Complexity Of Your Consent Order

Here are some tips for reducing the complexity of your consent order:

Try agreeing on as many issues as possible before seeing your lawyer. This will save time and money.
Be prepared to compromise. You may not get everything you want, but it is important to be willing to compromise to reach an agreement.
Be clear about your needs and priorities. This will help your lawyer to draft an order that meets your needs.
Be prepared to provide documentation. This will help your lawyer to support your claims.

By following these tips, you can help reduce the complexity of your consent order and its cost.

Is There a Way to Reduce or Exempt the Filing Fee?

Yes, a few ways exist to reduce or exempt the filing fee for consent orders in Australia.

Reduced fee

You may be eligible for a reduced fee if you have a low income. To be eligible for a reduced fee, you must meet the following criteria:

You must be an Australian citizen or permanent resident.
You must have a gross income of less than $50,000 per year.
You must have assets of less than $100,000.

Exemption

In some cases, you may be eligible for an exemption from the filing fee. To be eligible for an exemption, you must meet the following criteria:

You must be the primary cardholder of a health care card, pensioner concession card, Commonwealth seniors health card or any other card certifying entitlement to a concession issued by the Services Australia or the Department of Veterans' Affairs.
You have been granted Legal Aid for the proceedings you are paying a fee for, from a Legal Aid office or an approved legal aid scheme or service including an approved community legal centre.
You are a victim of family violence.
You are a person with a disability.

To apply for a reduced fee and exemption, you must complete an Application for Exemption of Fees – General form. You can obtain this form from the Family Court of Australia website or a Family Law Information Centre.