Generally, each A person or organisation directly involved in a court case. Parties include the plaintiff or applicant, the defendant, and any third party added to the action, but not independent witnesses. to proceedings under the FL A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. pays their own The amount charged by a lawyer for legal work. Lawyers can only charge the amount agreed with the client in a costs agreement or the amount stated by a court in its rules. The party who loses a case usually has to pay all their own costs plus most of the costs reasonably incurred by the other side. See also indemnity costs. (s 117). However, the An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. can order one party to pay costs, after considering:
- the financial circumstances of each of the parties;
- whether any party is receiving legal aid;
- the parties’ conduct in relation to the proceedings;
- whether the proceedings were commenced because of the failure of a party to comply with previous orders;
- whether any party has been wholly unsuccessful;
- whether an The first step in agreeing to make a legally binding agreement. An offer must be accepted before there can be a legally enforceable contract. For example, a person can offer to sell their car for $5000 and a buyer can accept the offer and pay that purchase price. in writing of settlement has been made; and
- any other relevant factor.
One person may offer to settle the proceedings. When the court considers the case before it, it does not have notice of the offer until the case is concluded and the question of costs is raised (s 117C).
If the matter before the court is frivolous or Causing trouble without good legal reason. A vexatious litigant repeatedly starts court cases that have no chance of succeeding. Vexatious litigation is a court action that is unnecessary or undertaken only to cause trouble, embarrassment or inconvenience for the other party., the court can dismiss the matter and order costs against the applicant (s 118).
Solicitors’ charges for family law matters are governed by chapter 19 of the Family Law Rules.
The FL Act allows solicitors to make a An agreement that the law will enforce. to (1) A statement giving the details of a crime an accused person is claimed to have committed. (2) A personal property security. (3) A judge’s directions to a jury at the end of a case. more than the existing scale. Before doing so, a A legal practitioner (lawyer) who sees clients and opens files to deal with their legal matters but usually does not appear in court. See also barrister. must advise the client to obtain independent legal advice in relation to any such agreement.
Check the fee scales for the Family Court and Federal Circuit Court with the courts.