If I win my case in the Family Law Court will my ex-spouse be ordered to pay me my legal costs?
No. Unlike other jurisdictions, in family law the general rule is that each party to the proceedings bears their own costs.
An application for costs will be considered at the discretion of the Court based on factors such as:
1. the financial circumstances of the parties
2. the conduct of the parties in relation to the proceedings
3. whether the proceedings were necessary as a failure by the other party to comply with previous court orders.
In financial proceedings, however, when one party to the proceedings has made an offer in writing to the other party to settle the proceedings and the other party obtains less in a settlement from the Court, costs may be awarded against the other party from the date of the written offer of settlement.
See Family Law case examples on the Family Law blogsite