Cost of going to Court

When people think about resolving a legal dispute, they often imagine standing before a judge in a courtroom. What they don’t always anticipate is just how expensive and time-consuming that process can be. 

This article outlines the key reasons why going to court can be costly. Whether you’re a plaintiff initiating proceedings or a defendant facing a claim, understanding the costs involved is essential for making informed decisions. 

Court Is a Process—Not a Moment 

The cost of litigation doesn’t stem from a single court appearance. It’s the result of months—and often years—of preparation, procedural steps, and legal strategy. In Queensland, all court matters must comply with the Uniform Civil Procedure Rules 1999 (UCPR), which set out a strict framework of required steps and documents. 

Each step requires time, expertise, and often third-party involvement. Here’s a breakdown of what makes court so expensive. 

Pre-Court Preparation and Filing 

The process typically starts with: 

• Legal advice to assess your case 

• Pre-court steps such as sending a letter of demand 

• Drafting the claim and statement of claim 

This alone can be resource-intensive, especially when reviewing contracts, financials, and communication records. The cost of filing a claim in the District or Supreme Court depending on the nature of the matter. 

If you’re defending a claim, you’ll also incur costs for reviewing the statement of claim, preparing a defence, and issuing a reply—each step requiring detailed legal analysis and drafting. 

Disclosure: Where Time Meets Volume 

Once the pleadings are closed, both parties must disclose all relevant documents to each other. 

In small matters, disclosure might involve a few hundred documents. In larger, more complex cases, disclosure can involve thousands—or even hundreds of thousands—of records. Reviewing, categorising, and responding to those documents takes time and legal expertise. 

Evidence Gathering: Lay and Expert Witnesses 

To support your case, you’ll need to present evidence through: 

• Lay witnesses (e.g. yourself, business partners, staff) 

• Expert witnesses (e.g. forensic accountants, psychologists, valuers) 

Expert reports are often essential—and costly and can increase depending on the complexity of the matter. 

Lay witness statements also require careful preparation to align with evidence, timelines, and the legal issues in dispute. 

Preparing for Trial 

If a matter proceeds to trial, the preparation process intensifies: 

• Requesting a trial date 

• Preparing trial bundles (often in hard copy) 

• Conducting conferences with barristers 

• Organising court books and legal submissions 

Depending on the number of witnesses, trials can last from a few days to several weeks. During that time, you may incur daily court hearing fees, along with legal fees for your solicitor and barristers. 

Additional Costs Along the Way 

No matter how well-prepared you are, unexpected issues can arise. These might include: 

• Applications to strike out pleadings 

• Disclosure disputes 

• Amending claims or defences 

• Court-ordered mediation 

• Security for costs applications 

• Adjournments or scheduling delays 

Each of these involves additional preparation and court appearances—further increasing the total cost. 

Timing Matters Too 

One of the most overlooked contributors to legal costs is time. 

Most matters in the District or Supreme Court take two to four years to resolve—longer if there are appeals or complex issues. The longer a matter runs, the more legal work is required, and the higher the cost. 

What About Cost Orders? 

If your matter proceeds to trial and you lose, you may also be required to pay the other party’s legal costs. In Queensland, that’s typically 40% to 60% of their total costs—on top of your own. 

This is one of the reasons why many matters settle before trial. The potential financial exposure is simply too great to ignore. 

How to Minimise Costs (Without Cutting Corners)

At Vicca Law, we don’t believe in unnecessary legal work. Every step we take is strategic, efficient, and focused on the outcome you want. That’s why it’s so important to have an experienced litigation solicitor by your side—someone who understands the process, anticipates complications, and protects your position every step of the way. 

Key Takeaways 

• Court proceedings are expensive because they involve detailed processes, evidence gathering, multiple court documents, and often lengthy timelines. 

• The cost is influenced by the complexity of your matter, the number of witnesses, the conduct of the other party, and compliance with strict court procedures. 

• Matters typically take years to reach trial, which further increases cost. 

• Engaging an experienced solicitor early helps you manage expenses and avoid unnecessary steps. 

• Cost orders against an unsuccessful party can add thousands to your total exposure. 

Need Help Managing a Dispute? 

If you're considering going to court—or if someone has filed a claim against you—book a free consultation with Lidia Vicca at www.viccalaw.com.au. Together, we’ll assess your options, discuss the likely costs, and explore ways to resolve your matter efficiently. 

📍 Protect your rights. Safeguard your legacy. And get the right advice—before it's too late.