In October 2024, changes were made to how legal costs can be awarded in unlawful discrimination claims in the federal courts, implementing an ‘equal access’ costs model. The changes mean people who allege they have experienced discrimination (the ‘applicant’) can now generally take their claims to court without the significant financial risk of having to pay the legal costs of the other party to their claim (the ‘respondent’).
Our information sheet outlines the changes, gives detail on the discrimination proceedings they apply to and explains the exceptions that mean an applicant may still be ordered to pay the other side’s costs.
This information sheet provides general information and is not intended as legal advice. Any person considering commencing a federal discrimination claim should seek independent legal advice.
