Why court costs so much more than people expect
Most people underestimate what litigation costs because they only see the headline legal fee. The real cost adds up across multiple stages — and each stage requires a lawyer's time, often a barrister's time, and sometimes expert witnesses too. Unlike mediation, litigation is billed by the hour, so the longer the other party disputes, the larger your bill grows.
The full cost breakdown
| Cost item | Notes | Typical range |
|---|---|---|
| Court filing fees | Federal Circuit and Family Court of Australia fees for initiating proceedings. Varies by matter type and applicant income. | $1,000–$4,500 |
| Solicitor fees | Legal advice, drafting, correspondence, court documents and preparation. Billed by the hour throughout the matter. | $350–$600/hr |
| Barrister brief fees | Required for contested hearings. Brief fees cover preparation and the hearing day; a trial can require multiple days. | $5,000–$25,000+ |
| Expert witnesses | Family reports, valuations, accounting experts. Each expert charges for preparation and giving evidence. | $3,000–$15,000+ |
| Subpoenas & disclosure | Costs of obtaining documents, subpoenas to third parties, compliance with discovery obligations. | $500–$5,000 |
| Mediation (court-ordered) | Most courts require parties to attempt dispute resolution before a final hearing anyway — often at a later stage when costs have already escalated. | $1,500–$4,000 |
| Lost income & time | Court hearings, lawyer meetings, document review. A contested matter typically consumes dozens of hours of your personal time over 1–3 years. | Significant |
| Total per side — contested matter | For a contested family law or commercial dispute that proceeds to a final hearing. | $30,000–$150,000+ |
Courts usually require mediation first anyway
For most family law parenting matters, you are legally required to attempt Family Dispute Resolution before you can file. For property matters and commercial disputes, courts increasingly expect parties to have genuinely attempted to resolve the matter before consuming court time. Mediation first is not just cheaper — it's often mandatory.
Court vs mediation — a direct comparison
Going to court
- ✗ $30,000–$150,000+ per side in legal fees
- ✗ 1–3 years to resolution
- ✗ No certainty of outcome — a judge decides
- ✗ Public record and adversarial process
- ✗ Damages relationships permanently
- ✗ Significant personal time and stress
- ✗ Often ordered to attempt mediation anyway
Mediation first
- ✓ $1,500–$2,500 per person (shared fee)
- ✓ 1–2 sessions, often resolved same day
- ✓ You control the outcome
- ✓ Completely confidential
- ✓ Preserves working relationships
- ✓ Minimal time away from work and family
- ✓ ~90% of disputes we mediate resolve
What if mediation doesn't work?
If mediation doesn't resolve your dispute, you are no worse off — and in most cases better off. You will have a clearer picture of the real issues, a better understanding of the other party's position, and often a narrowed set of disputes to take to court. Many matters that don't fully resolve at mediation still settle shortly after, once both parties see their positions clearly. You lose nothing by trying mediation first and gain the chance to avoid litigation entirely.
How much does mediation cost by comparison?
A full-day mediation at Mediations Australia is $4,500 +GST, typically split equally between the parties — meaning your share is around $2,475 all up. That's a single fixed fee covering intake, preparation, and a full day of mediation with a nationally accredited mediator. See our full fee schedule →