Attorney General Nicola Roxon said that the new fees will reflect the capacity of different litigants to pay, reports Australian web site Lawyers Weekly. Corporations and the Commonwealth will face higher court fees, while fee waivers and exemptions will be available for disadvantaged litigants. However, the LCA claim that, on average, court fees will increase by around 20 per cent.

Financial barrier

President of the LCA Catherine Gale said: ‘The introduction of these fees will more likely create a further financial 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.’

The new plan will come into force on 1 January 2013 as part of the Government’s reform package, which also includes alterations to the complaints process and the establishment of the Military Court of Australia.