ACAT Costs Orders and Interest Calculation: Can You Recover Legal Costs?
Two questions come up in almost every ACAT civil dispute: can I get the other side to pay my legal costs, and can I claim interest on the money they owe me? The short answers are "rarely" and "yes, if you do the paperwork."
Costs Orders: The General Rule
ACAT is a low-cost, self-representation forum, and its approach to costs reflects that. The general rule is that each party bears their own costs — win or lose, you pay for your own preparation and filing fees.
The tribunal can order one side to pay the other's legal costs, but such orders are rare and generally require a finding that the non-prevailing party acted unreasonably, frivolously, or vexatiously.
In practical terms, if you hire a lawyer and win, don't expect the respondent to reimburse your legal fees. ACAT's design assumes parties represent themselves, and the low filing fees ($93–$707 for individuals) are meant to make the process affordable without needing to recover costs from the other side.
You can ask ACAT to include your application fee in the orders sought. Whether the fee is included in the final order depends on the tribunal's decision.
Pre-Judgment Interest
Pre-judgment interest accrues from the date your cause of action arose (when the money became owed or the damage occurred) until the date ACAT makes its order. You can claim it, but you need to do the calculation yourself and lodge a Statement of Interest Claimed form with your application.
The rate is set by the Court Procedures Rules 2006 and adjusts every 6 months based on the RBA cash rate:
Pre-judgment interest rate = RBA cash rate + 4%
| Period | RBA Rate | Pre-Judgment Rate |
|---|---|---|
| Jul–Dec 2025 | 3.85% | 7.85% |
| Jan–Jun 2026 | 3.60% | 7.60% |
| Jul–Dec 2026 | 4.35% | 8.35% |
The calculation is simple daily interest:
Interest = Principal × (Rate ÷ 100) × (Days ÷ 365)
So a $10,000 debt that's been outstanding for 180 days at 8.35% earns $411.78 in pre-judgment interest. That's real money the tribunal can add to your award.
If the original contract specified its own interest rate for late payment, that contractual rate applies instead of the statutory rate. Attach the contract to your application.
Post-Judgment Interest
If the respondent doesn't pay after the tribunal makes its order, post-judgment interest starts accruing from the order date until the debt is satisfied.
Post-judgment interest rate = RBA cash rate + 6%
| Period | RBA Rate | Post-Judgment Rate |
|---|---|---|
| Jul–Dec 2025 | 3.85% | 9.85% |
| Jan–Jun 2026 | 3.60% | 9.60% |
| Jul–Dec 2026 | 4.35% | 10.35% |
Post-judgment interest gives the respondent a financial incentive to pay promptly. Every day they delay adds to the total.
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How to Claim Interest
Complete the Statement of Interest Claimed – Civil Dispute form and lodge it alongside your main application. The form requires a daily breakdown showing: the principal amount, the applicable interest rate, the number of days, and the total interest claimed.
If you don't lodge this form, the tribunal won't calculate interest for you — it's the applicant's responsibility to claim and prove it.
Filing Fee Recovery
Include "reimbursement of filing fee" in the orders you request on the application form. For example: "An order that the respondent pay the applicant $8,500.00 plus pre-judgment interest of $350.00 and filing fee reimbursement of $392.00."
The ACAT civil dispute guide includes an interest calculator worksheet and walks through the full Statement of Interest Claimed form, so the numbers are right before you file.
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