Divorce, like weddings, can be expensive, and a judge will soon decide whether Australians seeking an official separation will continue to be slugged higher court fees.
The cost of filing a divorce jumped from $845 to $1200 last month and a number of other fees also increased, with estimates the commonwealth is getting an extra $67,000 a day.
But two Labor politicians are spearheading a legal challenge against the rises after the Abbott government's previous attempt to raise the fees, by a smaller amount, was disallowed in the Senate.
The case returned the Federal Court on Friday and Justice John Dowsett could deliver his verdict early next week.
Labor's key legal point is whether the new fees introduced by Attorney-General George Brandis are, in substance, the same as the disallowed fees, which would render them invalid.
It argues the only difference in the second regulation is that most fees have gone up an additional $5.
But the attorney-general's legal team argued the difference between the two regulations are of substance because the second is expected to generate an extra additional $2 million in revenue over four years.
Labor Senator Claire Moore and MP Graham Perrett are spearheading the challenge, and there's been lengthy argument as to whether they had the legal standing to bring the case to court.
But three others have joined them - two unable to afford a divorce because of the fee rises and a divorcee financially suffering after paying the increased fees.
Maurice Blackburn lawyer Matthew Littlejohn said the extra costs were restricting people's access to justice.
But the attorney-general's barrister, Richard Lancaster SC, said higher fees were needed to ensure family law courts could function.
"There are two sides to that access of justice," he said in court.
However Mr Perrett estimated 80 cents in the dollar was going towards consolidated revenue.
"At a time when people are at their most vulnerable time, their darkest hour, he (Mr Brandis) is treating the court system like a cash cow," he said outside court.
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