Taking legal action in Australia can involve several costs, including court filing fees, legal representation, and other case-related expenses. The total cost depends on the type of dispute, the court involved, and how complex the case becomes. Our business lawyers in Sydney can help you understand the potential costs, evaluate your legal options, and guide you through the process before you decide to proceed with a lawsuit.
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Wondering how much it costs to sue someone? You’re not alone. Every year, thousands of Australians consider suing someone but hesitate because they don’t understand the true costs involved. The short answer is that the cost to sue someone ranges from as little as $172 for a simple small claims matter to well over $100,000 for complex commercial disputes.
If you’re thinking about how to sue someone in Australia, understanding the costs upfront is essential. At CMI Legal, our litigation team has helped hundreds of clients work out how much to sue someone for various types of claims. In this comprehensive guide, we’ll break down every cost you need to consider when suing someone, from court filing fees to lawyer charges, expert reports to the risk of paying the other side’s costs if you lose.
Whether you want to sue someone for an unpaid debt, a breach of contract, property damage or personal injury, this guide will help you make an informed decision about whether litigation is right for you.
How Much to Sue Someone in Australia?
Claim Value | Typical Total Cost | Court |
Under $20,000 | $500 – $3,000 | Small Claims |
$20,001 – $100,000 | $5,000 – $30,000 | Local Court |
$100,001 – $750,000 | $20,000 – $100,000 | District Court |
Over $750,000 | $50,000 – $500,000+ | Supreme Court |
These ranges show how much it costs to take someone to court, including court filing fees, legal representation and basic disbursements. Actual costs when suing someone depend on complexity, whether the matter settles early or goes to trial, and the other party’s conduct.
Can You Sue People in Australia? Understanding Your Rights
Yes, you can sue people in Australia through the civil court system. Whether you want to sue someone for money owed, breach of contract, negligence or property damage, Australian courts provide a formal process for resolving disputes. However, before you sue someone, it’s important to understand both your legal rights and the associated costs.
The process of suing someone in Australia involves filing a claim with the appropriate court, serving documents on the defendant, potentially attending mediation, and if the matter doesn’t settle, proceeding to a hearing or trial. Each step has associated costs that can add up quickly.
How Much Does It Cost to Sue Someone in Australia?
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The cost of suing someone in Australia can vary depending on the type of dispute, the court involved, and the complexity of the case. Legal costs may include court filing fees, lawyer fees, and other case-related expenses. Whether you are dealing with a business dispute, contract issue, or civil claim, understanding the potential costs is important before starting legal action. Our lawyers in Sydney can help you assess your case, explain the expected costs, and guide you through the legal process.
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Understanding the Different Types of Litigation Costs
Before diving into specific figures about how much it costs to sue someone, it’s important to understand that litigation costs fall into four main categories. Each category can significantly impact your total expenditure when suing someone, and understanding them helps you budget realistically.
Court Filing Fees
Court filing fees are government-set charges you pay to commence proceedings and take certain steps during your case. These fees vary by court, the value of your claim, and whether you’re an individual or a corporation. They represent a predictable portion of the cost to take someone to court. The good news is that court fees are predictable and published. The challenge is that they increase annually (typically by 2-3%) and vary significantly between courts.
Legal Representation Fees
Legal fees typically represent 70-85% of your total costs when suing someone. Lawyers charge either hourly rates, fixed fees or a combination of both. The billing method, your lawyer’s experience level, and the complexity of your matter all affect the final cost.
In our experience at CMI Legal, clients who receive clear cost estimates upfront and regular billing updates are better able to manage their litigation budget and make strategic decisions about settlement.
Disbursements and Expert Costs
Disbursements are out-of-pocket expenses your lawyer incurs on your behalf. These include court filing fees, process server fees, copying costs, travel expenses, and expert report fees. Expert reports can be particularly expensive when suing someone, ranging from $2,000 to $20,000+, depending on the type of expert required.
Adverse Costs Risk
If you lose your case, you may be ordered to pay some of the other party’s legal costs. This is known as an “adverse costs order” and typically amounts to 50-70% of their actual costs. This risk is often overlooked but can effectively double your exposure if you sue someone and are unsuccessful.
NSW Court Filing Fees
Court filing fees in New South Wales are set by regulation and updated annually (usually on 1 July). Here’s how much it costs to take someone to court in NSW as of July 2025:
Local Court Fees
Filing Type | Individual | Corporation | Notes |
Small Claims (up to $20,000) | $172 | $344 | Simplified process |
General Division | $355 | $710 | Claims $20,001-$100,000 |
Service by post | $53 | $53 | Per address |
Notice of motion | $117 | $234 | Additional applications |
Rehearing application | $539 | $1,078 | Appeal of decision |
Important: In the Small Claims Division (matters under $20,000), there are strict limits on recoverable legal costs. Even if you win when suing someone, you generally cannot recover your lawyer’s fees from the other party. This makes legal representation less cost-effective for smaller claims.
District Court Fees
Filing Type | Individual | Corporation |
Statement of Claim | $1,284 | $2,568 |
Cross-claim | $642 | $1,284 |
Notice of motion | $395 | $790 |
Setting down for trial | $1,925 | $3,850 |
Daily hearing fee | $896 | $1,792 |
District Court fees reflect the higher stakes and complexity of matters heard in this court (claims between $100,001 and $750,000). The daily hearing fee can add up quickly for multi-day trials when suing someone.
Supreme Court Fees
Filing Type | Individual | Corporation |
Originating process | $2,568 | $5,136 |
Cross-claim | $1,284 | $2,568 |
Notice of motion | $890 | $1,780 |
Setting down for trial | $2,890 | $5,780 |
Daily hearing fee | $1,425 | $2,850 |
Supreme Court filing fees are the highest because this court handles the most complex and high-value disputes (over $750,000). However, for genuinely large claims, these fees represent a small fraction of the total cost to sue someone.
What Do Solicitors Actually Charge?
Lawyer fees represent the largest component of the cost to sue someone. Understanding how lawyers charge and what affects their rates helps you budget effectively and compare quotes when planning to sue someone.
Experience Level | Hourly Rate | 6-Min Unit | Typical For |
Graduate (0-2 years) | $200 – $350 | $20 – $35 | Research, drafting |
Associate (3-5 years) | $350 – $500 | $35 – $50 | Day-to-day carriage |
Senior Associate (6-8 years) | $450 – $650 | $45 – $65 | Strategy, advocacy |
Partner (8+ years) | $550 – $900+ | $55 – $90+ | Complex matters |
Barrister | $2,500 – $10,000/day | N/A | Court appearances |
Most firms use a blended approach, with senior lawyers handling strategy and court appearances while junior lawyers handle research and routine correspondence. This keeps costs manageable while ensuring quality advice when you sue someone.
How Much Does It Cost to Sue for Defamation in Australia?
Defamation claims are among the most expensive types of litigation. The cost to sue someone for defamation in Australia typically ranges from $50,000 to $500,000+, depending on complexity. Defamation cases are heard in the District or Supreme Court and often involve extensive evidence gathering, expert witnesses, and lengthy trials. Key factors affecting defamation litigation costs include the extent of publication, whether truth or other defences are raised, the number of defendants, and whether an apology or retraction was offered. Many defamation claims settle after a concerns notice is issued, which can significantly reduce cost.
Can You Sue Someone Without a Lawyer?
Yes, you can sue someone without a lawyer in any Australian court. This is called being a “self-represented litigant” or appearing “in person.” However, there are important considerations:
When Self-Representation Might Work
- Small claims under $20,000 (simplified procedures, limited costs recovery anyway)
- Clear-cut debt recovery with written evidence
- Simple consumer claims with strong documentation
- Matters where the other side is also unrepresented
When You Really Need a Lawyer to Sue Someone
- Complex legal issues (contract interpretation, negligence, multiple parties)
- High-value claims where mistakes are costly
- The other side has legal representation
- Your case involves cross-examination or expert evidence
- There’s a significant power imbalance with the other party
- In our experience, self-represented litigants often underestimate the complexity of court procedures and evidence rules. A single procedural error can result in your case being struck out or vital evidence being excluded.
Can You Sue Someone Without a Lawyer?
Before committing to suing someone, consider whether Alternative Dispute Resolution (ADR) might achieve your goals at lower cost and with less stress.
Mediation
Mediation involves a neutral mediator helping both parties reach a voluntary agreement. It typically costs $1,000-$5,000 (split between parties) and can resolve disputes in a single day. Courts often require parties to attempt mediation before trial, so you may end up mediating anyway.
Success rates for mediation are high (60-80% of matters settle), and agreements reached through mediation tend to be more durable because both parties have ownership of the outcome.
Negotiation and Settlement
Many disputes settle through lawyer-to-lawyer negotiation without ever reaching court. A well-drafted letter of demand (typically $500-$1,500) often prompts payment or serious settlement discussions, potentially avoiding the need to sue someone at all.
At CMI Legal, we always explore settlement opportunities before and during litigation. Settling for 80% of your claim with certainty is often better than spending $50,000 in legal fees to sue someone for 100% with an uncertain outcome.
How CMI Legal Can Help When You Want to Sue Someone
At CMI Legal, our commercial litigation team helps clients understand their legal options before starting court proceedings. We provide clear guidance on the likely costs of suing someone and offer written fee estimates so clients know what to expect. Our lawyers assess the strength of each case and advise whether litigation is the right approach or if alternative dispute resolution may be more suitable. Where possible, we offer fixed fees for specific stages of the process and focus on achieving practical settlements to resolve disputes efficiently while protecting our clients’ interests.
Frequently Asked Questions
How much does it cost to sue someone in Australia for a small claim?
For claims under $20,000, court filing fees are approximately $172 for individuals or $344 for corporations. If you handle the matter yourself, total costs might be $500-$1,500. With legal representation, expect $2,000-$5,000 for defended matters. However, in the Small Claims Division, you generally cannot recover your legal fees even if you win.
How much does it cost to take someone to court?
The cost to take someone to court varies widely based on claim value and complexity. For small claims (under $20,000), expect $500-$3,000 total. Local Court matters ($20,001-$100,000) typically cost $5,000-$30,000. District Court matters can reach $100,000+, and Supreme Court litigation often exceeds $500,000 for complex disputes.
Do I have to pay the other side's costs if I lose?
Generally, yes, but not always. In most NSW courts, the losing party is ordered to pay 50-70% of the winning party’s reasonable legal costs. In the Small Claims Division (under $20,000), cost orders are very limited. The court has discretion and considers factors like each party’s conduct during proceedings.
Can I recover all my legal costs if I win?
Rarely. Even successful parties typically recover only 50-70% of their actual costs through standard costs orders. “Indemnity costs” (up to 100%) are only awarded in exceptional circumstances, such as when the losing party acted unreasonably or made dishonest claims.
Is suing someone worth it financially?
It depends on the claim value versus likely costs, the strength of your evidence, and the other party’s capacity to pay. As a rough guide, suing someone may be worthwhile when potential recovery is at least 2-3 times your estimated legal costs. A litigation lawyer can help you conduct a cost-benefit analysis.
What happens if I sue someone and they have no money?
You may obtain a court judgment, but struggle to enforce it. Enforcement options include garnishing wages or bank accounts, seizing assets, or placing a charge over property. However, some assets are protected, and enforcement itself incurs costs. Before suing someone, consider whether the defendant can realistically pay.
Can you sue people in Australia without a lawyer?
Yes, you can sue people in Australia without legal representation. You can represent yourself in any Australian court. This works best for simple, small claims matters under $20,000. For complex disputes or higher courts, legal representation significantly improves your chances of success.
How much does it cost to sue someone for defamation in Australia?
Defamation claims are expensive, typically costing $50,000-$500,000+ in legal fees. Defamation cases are heard in the District or Supreme Court and involve extensive evidence, expert witnesses and often lengthy trials. Many claims settle after a concerns notice is issued, reducing costs significantly.
How long does it take to sue someone in Australia?
Timelines vary significantly. Simple debt recovery might resolve in 3-6 months. Defended Local Court matters typically take 6-12 months. District Court matters often take 12-24 months. Complex Supreme Court litigation can extend beyond 2-3 years. Settlement at any stage shortens the timeline.
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Joe Shi
10:53 10 Mar 26
Tina Tang is doing excellent service job as a profesional lawer and provide valued information about property purchase issue.Thank you so much,we are appreciated to your skilled help and hope to cooperate with your esteemed company,current residential living apartment 506/2-4 Culworth Ave Killara should be put in market,we hope Tina Tang will provide support as well.thank you so much.
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Ying Wan
08:39 10 Feb 26
We had an excellent experience with CMI Legal during our property purchase. The team was highly professional, detail-oriented, and extremely knowledgeable throughout the entire process. They carefully reviewed all contracts, clearly explained potential risks, and provided practical advice at every stage, which gave us great peace of mind. Communication was prompt and clear, and they were always patient in answering our questions. Their efficiency and attention to detail made what could have been a stressful process smooth and well-managed. We would confidently recommend CMI Legal to anyone looking for reliable and trustworthy conveyancing and legal services, with special thanks to Tina for her professionalism, patience, and exceptional support throughout the process.
郭小姐
23:49 27 Jan 26
Attorney Tina was professional and patient; I am very grateful for her legal assistance during my home sale process.
Solutions NovaBuild
19:57 22 Jan 26
John and Tina are the best! I just had another settlement through them. Everything was so smooth and they are reminding you every step for the key points.
P W
12:00 28 Nov 25
I recently used CMI and worked with Tina for my property settlement. Tina was extremely helpful, patient and very professional throughout the entire process. She explained everything clearly, kept me updated at every step and made the whole experience smooth and stress-free. I couldn’t have asked for a better lawyer. Highly recommend Tina and the CMI team!
Andy Hsieh
00:31 27 Nov 25
I’ve been incredibly lucky to have Tina as my solicitor. She has been outstanding throughout the entire contract exchange and settlement process. She is always the first to respond, timely, and extremely efficient. Her attention to detail is exceptional, and she consistently makes sure everything is in the buyer’s best interest. Super attentive, helpful, and genuinely caring. I wouldn’t hesitate to recommend Tina to anyone looking for reliable and professional legal services.
David Lin
11:41 23 Nov 25
Many thanks to Senior Lawyer Tina Tang for helping me handle the sale of my property in Sydney. She liaised with the real estate, banks and buyers broker and explained everything well and handled the sale meticulously.Her professional ability, experience and sense of responsibility are trustworthy. I recommend Tina and CMI for anyone looking for support in real estate sales.
David Lin
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Denis Lebrun
00:14 21 Nov 25
John Zhang has been absolutely great in helping me with my EOI and application for a skilled visa in Australia. On both calls I've had with John, I have had a multitude of questions for him which he answered in depth and gave me all the information I required. He really has a great amount of knowledge and I would highly recommend him and the CMI legal team for their efficiency and professionalism.
Jing LI
03:22 30 Sep 25
I was very fortunate to have Tina TANG from CMI as my conveyancing solicitor for the recent sale of my property. She demonstrated exceptional professionalism and dedication throughout the entire process — from preparing the contract, exchanging contracts, right through to settlement. What impressed me the most is that even after settlement, she continued to go above and beyond to assist me as the vendor, making sure everything was properly taken care of.
Her diligence, patience, and attention to detail gave me great peace of mind and took away a lot of the stress of selling a property. I would highly recommend her to anyone looking for a reliable, professional, and truly supportive conveyancing solicitor. ⭐⭐⭐⭐⭐
Her diligence, patience, and attention to detail gave me great peace of mind and took away a lot of the stress of selling a property. I would highly recommend her to anyone looking for a reliable, professional, and truly supportive conveyancing solicitor. ⭐⭐⭐⭐⭐
Sabrina Ng
06:57 12 Aug 25
Outstanding service from start to finish. Tina Tang handled my unit's sales contract with exceptional professionalism. Communication was always clear and prompt, making the whole process smooth and stree free. I highly recommand Tina to anyone seeking a reliable and knowledgeable solicitor.
Max Swan
22:16 01 Jul 25
I’ve had an incredibly positive experience working with John & Winnie on my matter. From start to finish, they have been professional, knowledgeable, and genuinely supportive throughout what’s been a stressful time for me.
They explained every step of the process clearly, responded promptly to any questions I had, and made complicated situations feel a lot more manageable. I felt like I was in good hands the entire time, and their calm, confident approach really helped me stay grounded.
Highly recommend CMI services to anyone needing immigration or legal assistance — couldn’t be more grateful.
Thanks again!
They explained every step of the process clearly, responded promptly to any questions I had, and made complicated situations feel a lot more manageable. I felt like I was in good hands the entire time, and their calm, confident approach really helped me stay grounded.
Highly recommend CMI services to anyone needing immigration or legal assistance — couldn’t be more grateful.
Thanks again!
danny
11:57 26 Jun 25
As an old customer of CMI, this year is already the 8th year. Special thanks to attorney John and attorney Tina for carefully answering our various questions, providing a lot of professional advice and help, allowing us to easily complete each transaction.
Vivien Lu
01:39 23 May 25
Tina was a great lawyer - she was always incredibly knowledgeable, answered all questions promptly, and very friendly. Would recommend Tina!
Zhiyi LI
04:58 14 Mar 25
Jeremy Tong
22:32 20 Sep 24
Tina was a great help in guiding us through our first home buying experience. She gave us a lot of great explanations and advice from initial discussion of the process through every step until successful settlement. Communication and resolution of issues was prompt and professional.
Yun Jung Hsieh
05:56 12 Aug 24
Tina is a fantastic lawyer. her responses to my queries were thorough and timely, and impeccable organizational skills! Truly appreciated her clear and consistent communcation througout the entire property-purchasing process. she handled everything with profressionalism and expertise, making what could have been a stressful experience much smoother. Highly recommend!
Jeena Jung
05:04 06 Aug 24
We had the pleasure of working with Tina as our solicitor for our first home purchase, and we couldn’t have been in better hands. She carefully explained every step of the process, guiding us through what initially felt overwhelming and unfamiliar. Buying off the plan made us particularly cautious, especially when it came to reviewing legal documents. Tina’s meticulous approach put us at ease—she ensured we both clearly understood each aspect, taking the time to highlight and reorganise information to make it more accessible. Her dedication and professionalism made the entire experience far less daunting, and we’re truly grateful for her support.
Keyu Jiang
10:03 05 Aug 24
John and Tina have provided great professional legal service since 2017 for me.
Ian Pereira
09:18 04 Jul 24
I realised that I hadn’t left a review for my dealings with CMI legal. I had dealt with them a few months ago, but an epiphany made me come and leave a review.
5 stars is insufficient to express their work. We were working Dee and she is an amazing and thorough professional. She goes above and beyond and explains matters that makes you understand things really well. Thank you Dee for your amazing work.
5 stars is insufficient to express their work. We were working Dee and she is an amazing and thorough professional. She goes above and beyond and explains matters that makes you understand things really well. Thank you Dee for your amazing work.
