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Law Council of Australia President, Ms Catherine Gale, said it is disappointing the increases, which were foreshadowed in the 2012 Federal Budget, have been introduced without the benefi t of the profession being able to provide feedback and analysis in relation to their potential impact.
“Following the last round of federal court fee increases in 2010, the Law Council provided signifi cant feedback to the Attorney-General’s Department and it was hoped that further consultation would be undertaken prior to the introduction of any further increases,” Ms Gale said.
The Law Council believes the revised fee structure will have a signifi cant impact on access to justice.
THE LAW COUNCIL HAS EXPRESSED CONCERN AT THE ATTORNEY- GENERAL’S FAILURE TO CONSULT WITH THE LEGAL PROFESSION PRIOR TO THE SEPTEMBER ANNOUNCEMENT OF FURTHER INCREASES TO FEDERAL COURT FEES.
“While the reintroduction of the waiver and exemption model will ensure some benefi ts for those who can least aff ord to access the courts, the overall fee structure will create additional fi nancial barriers to accessing the courts.
“The new fee structure involves signifi cant increases in costs associated with family law matters including divorce proceedings, consent orders and new fees for conciliation conferences, in addition to an overall general increase to other fees by approximately 20 per cent.
“Increases to mediation and conciliation fees is contrary to the assertion of the Attorney-General that the proposals are designed to encourage court users to utilise Alternative Dispute Resolution procedures (ADR).
“The introduction of these fees will more likely create a further fi nancial barrier to all court users, rather than facilitate the use of these ADR processes.
“It is a contradiction in terms to say on the one hand that you are encouraging the use of ADR and then on the other hand to penalise court users of these processes by raising the cost.
“It also appears to be at odds with the principles outlined in the Commonwealth Government’s 2009 Report ‘A Strategic Framework to Access to Justice in the Federal Justice System’.
“I am not aware of any evidence to support the proposition that increasing fi ling fees will cause greater use of ADR and in my experience it is likely to have the reverse eff ect.
“It is notable that there was no downward movement in fi lings following the last round of fee increases in 2010.”
The Law Council is also concerned the proposed fee increases will lead to forum shopping.
“Due to the prohibitive costs, court users may opt to use state and territory courts or the Administrative Appeals Tribunal (AAT) instead of the federal courts.
“Increased court costs may also substantially reduce the use of federal court registries in smaller jurisdictions and could result in the closure of those registries.”
Ms Gale said the proposed fee increases continue a concerning trend by the Government of raising court fees to fund the justice system and legal services, which governments have a responsibility to fund suffi ciently and make accessible to all Australians.
The Law Council will continue to evaluate the new fee structure but is of the view that the increases will impair access to justice and substantially increase the cost of the justice system as a whole.
“Courts provide an essential public service and as the cost of accessing justice goes up, it is always the party with the least resources that is subject to the greatest hardship,” Ms Gale said.
MAR–MAY 2012
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