Family Law Act 1975

The parties to proceedings under this Act must conduct the proceedings (including negotiations for settlement of the dispute to which the proceedings relate) in a way that is consistent with the overarching purpose of the family law practice and procedure provisions.

A party’s lawyer must, in the conduct of proceedings under this Act on the party’s behalf (including in the conduct of negotiations for settlement of the dispute to which the proceedings relate):

take account of the duty imposed on the party by subsection (1); and

assist the party to comply with the duty.

In proceedings under this Act a court may, for the purpose of enabling a party to comply with the duty imposed by subsection (1), require the party’s lawyer to give the party an estimate of:

the likely duration of the proceedings or part of the proceedings; and

the likely amount of costs that the party will have to pay in connection with the proceedings or part of the proceedings (including the costs that the lawyer will charge to the party).

In exercising the discretion to award costs in proceedings under this Act, a court must take account of any failure to comply with the duty imposed by subsection (1) or (2).

Without limiting the exercise of that discretion, a court may order a party’s lawyer to bear costs personally.

If a court orders a lawyer to bear costs personally because of a failure to comply with the duty imposed by subsection (2), the lawyer must not recover the costs from the lawyer’s client.