For many Australians, accessing legal support is not just about finding the right lawyer — it’s about affording one. Legal matters such as personal injury claims, workplace disputes, or compensation entitlements often arise when individuals are already vulnerable, making the idea of additional costs a daunting prospect. While the right to justice should be universal, the reality is that legal costs frequently act as a barrier, deterring everyday people from asserting their rights.
Legal fees that exceed financial capacity
Legal costs in Australia can be significant, especially for complex or lengthy cases. These often include solicitor fees, court filing costs, expert witness reports, and barrister fees. For individuals recovering from injury or hardship, these expenses can feel prohibitive. Without the means to fund legal action upfront, many are forced to abandon valid claims.
To put this into perspective, a 2022 Access to Justice Scorecard from the University of Queensland found that over half of individuals in need of legal help did not proceed due to the cost of services. This financial strain is particularly acute in personal injury and compensation matters, where claimants are usually already suffering financial stress due to medical bills or loss of income. When paying for legal support means sacrificing essential needs, justice becomes unattainable.
Perceived risks that outweigh potential outcomes
In many legal scenarios, there is an underlying concern about losing not only the case but also incurring additional costs. Under the “loser pays” principle, the unsuccessful party may be required to pay the legal costs of the other side. This risk deters individuals from pursuing even strong claims, particularly when the outcome is uncertain.
The emotional toll of litigation further amplifies this risk. For those already dealing with trauma, injury, or job loss, the possibility of worsening their financial situation is enough to keep them from taking legal action altogether.
Complexity and inaccessibility of legal processes
Even when cost is not the primary deterrent, many Australians are discouraged by the perceived complexity and inaccessibility of the legal system. Navigating legal language, court procedures, and documentation without expert guidance can seem impossible, and hiring expert guidance, again, comes with a cost.
For people in regional areas, or those from non-English speaking or disadvantaged backgrounds, this sense of exclusion is even more profound. If engaging with the system feels overwhelming, and if legal advice feels out of reach, people are far less likely to pursue justice.
Lack of awareness of affordable legal pathways
While cost is a genuine concern, sometimes the real issue is a lack of awareness about affordable legal pathways. Many Australians do not know that alternative fee structures exist, or they may not understand how they work. This can result in them walking away from potential claims they could have pursued affordably.
For instance, the no win no fee option offered by many personal injury lawyers provides a vital solution. Clients are not required to pay legal fees upfront, and if the case is unsuccessful, they generally owe nothing for legal services. These arrangements dramatically reduce financial risk and enable access to justice for individuals who might otherwise be excluded.
Insufficient transparency and consumer protections
Transparency is essential in making legal costs manageable. Without clear communication from legal practitioners about fee structures, potential disbursements, and cost outcomes, clients may feel misled or exposed. Unfortunately, this lack of clarity can lead to mistrust and reinforce the belief that legal help is only for the wealthy.
However, regulatory safeguards do exist. Lawyers in Australia are required to provide Costs Agreements that outline all foreseeable expenses. Each state and territory also has its own independent body responsible for overseeing the conduct of legal professionals and handling complaints. These regulators ensure lawyers meet their ethical obligations and act in the best interests of clients. Yet when these safeguards are not clearly communicated to the public, the fear of hidden fees continues to be a barrier.
Limited availability of systemic legal support
Community legal centres and government-funded legal aid services play a vital role in supporting those who cannot afford private legal representation. However, these services are consistently under-resourced and unable to meet growing demand. In 2022–23 alone, community legal centres turned away approximately 368,000 people—more than 1,000 Australians each day—simply due to a lack of capacity.
This shortfall leaves many without meaningful options, resulting in justice being delayed or denied altogether. Addressing this gap will require sustained public investment, greater legal literacy, and the wider adoption of accessible, client-focused service models. Without systemic reform, the divide between legal rights and practical access will continue to widen.
Justice Within Reach?
Access to justice is a cornerstone of a fair society, yet it remains out of reach for many due to the burden of legal costs. While the legal system is inherently complex, the move toward more equitable fee structures, such as no win no fee arrangements, is helping to level the playing field. By reducing the financial barriers, we empower more people to exercise their legal rights — and, in turn, strengthen the justice system for everyone.
