Legal costs

At NCAT there are limited circumstances where a party can apply for an award of costs.

What are legal costs?

Legal costs generally refer to the amount a person has been charged for legal services.  These include:

  • Fees charged by a barrister or solicitor to represent the client
  • Expenses paid on the client's behalf such as filing fees, expert witness costs and printing costs (disbursements)

When are costs awarded?

Under section 60 of the Civil and Administrative Tribunal Act 2013 (NSW) , NCAT may award costs if it is satisfied that there are special circumstances that warrant this. 

Costs are generally awarded where a party is legally represented. An unrepresented party is not entitled to claim disbursements.

An award of costs is not intended to provide compensation for any and all loss suffered by a party. Accordingly, a party should not expect to be able to claim for time away from their work, or travel costs such as flights and accommodation.

Guardianship Division Guidelines

The following Guidelines apply to proceedings in NCAT's Guardianship Division.

Useful resources

Read the relevant NCAT Division Guideline for detailed information about costs.

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