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Legal Costs and Family Law Funding
How our legal costs are set and disclosed under the Uniform Law, and where third-party funding through JustFund fits for family law property matters and contested estates. In a substantial matter, cost is a strategic question, and it deserves a straight answer at the start.
An estimate is an obligation, not a courtesy
Legal costs in Victoria are governed by the Legal Profession Uniform Law, which applies here through the Legal Profession Uniform Law Application Act 2014 (Vic). One of its stated objectives is that clients are able to make informed choices about their legal options and the costs of pursuing them (section 169).
In practice, a law practice must tell you in writing, when or as soon as practicable after you first give instructions, how its costs will be calculated in your matter and an estimate of the total (sections 174(1)(a) and 174(6)). If anything it has told you changes significantly, it must tell you that too, with enough information about the effect on your costs for you to decide how the matter should proceed (sections 174(1)(b) and 174(2)(b)). It must also take reasonable steps to satisfy itself that you have understood and consented to the proposed course of action and the proposed costs (section 174(3)).
You should know what a matter is likely to cost before you commit to it, and you should hear about it when that changes.
The costs themselves must be fair and reasonable: proportionately and reasonably incurred, and proportionate and reasonable in amount (section 172). A law practice must not act in a way that unnecessarily increases the costs you pay, and must act reasonably to avoid unnecessary delay (section 173).
In a commercial dispute the estimate is also a strategic input. A claim is worth running only if what it is likely to return justifies what it is likely to cost, and that judgement cannot be made without a realistic figure.
Most of these rules do not apply to some commercial clients, including public companies, large proprietary companies, and liquidators, administrators and receivers (section 170). For those clients, the basis of charging is agreed directly.
How costs will be calculated in your matter, set out in writing.
A figure for the whole matter, so the decision to proceed is an informed one.
Any significant change to what was disclosed, and its effect on your costs, in writing.
To negotiate the costs agreement and billing method, to request an itemised bill, and to seek help with a costs dispute.
Your costs, in writing, at every stage
The disclosure at the outset is the first of several points at which the Uniform Law gives you information, or a choice.
A costs agreement
You have the right to require a negotiated costs agreement (section 179). It must be written or evidenced in writing (section 180(2)), and it cannot provide that the costs it covers are not subject to a costs assessment (section 180(4)).
Reports, and bills
On reasonable request, a law practice must give you a written report of the costs incurred to date, without charge and within a reasonable period (section 190). It cannot charge for preparing or giving a bill (section 191), and each bill must set out the avenues open to you if you dispute it, and the time limits that apply (section 192).
Before you settle
When a law practice negotiates the settlement of a litigious matter for you, it must give you, before the settlement is executed, a reasonable estimate of the costs you will pay if it settles, including any of another party's costs you are to pay, and of any contribution likely from another party (section 177).
Funding against the settlement, not your cash flow
In a separation involving substantial assets, the value usually sits in the property pool: the home, the business, the trust, the investments. Little of it is liquid while the matter runs, and some of it may be under the other party's control.
Where the matter involves proceedings under the Family Law Act 1975, the costs cannot be made conditional on the outcome: the Uniform Law does not permit a conditional costs agreement in that kind of matter (section 181(7)(b)). The costs will be payable. The real questions are when, and from what.
JustFund is a legal funder offering a line of credit for eligible family law and estate matters. On its own description, it assesses the matter, the property pool and the expected settlement rather than only income or credit history, pays approved legal invoices directly to the law firm, and is repaid when the property settlement is finalised or the estate is distributed, without monthly repayments along the way.
Family law property matters
Separations involving the division of property. JustFund says it considers whether there is a property settlement, the assets and net equity in the pool, the amount needed and the likely entitlement.
Property settlementContested estates
JustFund says its estate funding can cover an executor's costs of defending or mediating a family provision claim, and that a claimant can use it only in limited circumstances.
Contested estatesCredit, with a cost
Funding is a loan. JustFund charges interest on what is drawn, and fees, which are added to the balance and repaid at settlement. Its current terms, eligibility criteria and target market determinations are published on its own site.
JustFund's published termsJustFund is completely independent of Pentana Stanton. We are an accredited JustFund partner firm, and JustFund lists us among its partner firms, but we do not receive commissions or referral fees from JustFund. Clients of Pentana Stanton receive a 1% discount on JustFund's interest rate charges. Whether to apply is your decision and approval is JustFund's. We do not give financial advice about the facility.
How costs are set, and where funding comes in
An assessment of the matter
We start with where you stand and what the matter is likely to involve. Cost is part of that first conversation, not something you discover later.
Disclosure and a costs agreement
You receive in writing the basis of charging, an estimate of the total and a statement of your rights, together with a costs agreement to consider.
Funding, where it fits
In a family law property matter or a contested estate, we can discuss whether JustFund suits the matter. You can apply directly, or we can refer you. If it is approved, JustFund pays our invoices once you have approved them, and it is repaid from the settlement or the estate.
Ask about cost in the first conversation
Tell us what the matter involves. We will explain how the costs are likely to run, and whether funding is worth exploring for it.
Questions about costs and funding
Last reviewed October 2026. Statutory references are to the Legal Profession Uniform Law as set out in Schedule 1 to the Legal Profession Uniform Law Application Act 2014 (Vic), Version No. 018, incorporating amendments as at 11 October 2023. JustFund's products, terms and eligibility are described from its own published material as at 7 October 2026 and are set by JustFund, not by Pentana Stanton. This page is general information, not legal or financial advice.
Know the likely cost before you commit
Commercial litigation, complex family law and contested estates, from Melbourne and Dandenong. Tell us what the matter involves, and we will give you a straight assessment of where you stand and how the costs are likely to run.
Related: Family Law, High Net Worth Property Settlement, Contested Estates, Commercial Law, How to Choose a Law Firm.
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