See how much of your own legal bill a costs order in your favour might cover, and the gap you would still pay.
Winning a court case in Australia usually means the court orders the other side to pay your costs, but rarely all of them. Most costs orders are made on the ordinary basis (also called the party-party basis), which covers costs that were reasonably necessary for the case, assessed against court scales or practice. Your agreement with your own lawyer is on the solicitor-client basis and is almost always higher. This calculator shows the gap.
How to use it. Enter your lawyer's estimate of total costs to the end of the case, including GST and disbursements. Ask your lawyer what range of recovery is realistic in your court; under costs disclosure rules they must give you an estimate of the costs you may recover if you win. Enter that share as a percentage.
Formula. Recovered = total costs x share / 100. Gap = total costs - recovered.
Worked example (illustrative). Your costs to the end of a District Court trial are estimated at $60,000. If an ordinary-basis order is likely to recover around 65%, you would recover $60,000 x 0.65 = $39,000 and still pay $21,000 yourself. Try 50% and 80% to see the range.
Limits. The share is not a fixed rule; it depends on the court, scale, how the case was run and the assessment. An indemnity costs order (for example after an unaccepted offer) recovers more. Small claims and most tribunals award few or no costs. Recovery also depends on the other side being able to pay. All defaults are illustrative examples.
Bill Disputes, Mistakes and Official Sources
How adverse costs orders work in Australian courts, what security for costs is and when it is ordered, and the options to manage the risk, including funders and insurance.
Fees, Cost Drivers and 2026 Rules
How costs follow the event in Australian courts, ordinary versus indemnity costs, the gap winners still pay, and the exceptions in family law, tribunals and small claims.
Worked Estimates and Checklists
A practical method to decide whether a claim is worth pursuing: net recovery if you win, cost if you lose, chances, enforcement risk and cheaper alternatives, with worked numbers.
Worked Estimates and Checklists
How formal offers of compromise and Calderbank letters work in Australian courts, the indemnity costs consequences, and a worked example comparing accepting an offer with going to trial.
