·         Generally merits review processes that are internal to the department or external in a tribunal are quite low-cost or free. This is in line with the overhaul of Australian administrative law some years ago. It was considered important to ensure that challenging government should be everyone’s right and within their financial grasp. This is not true in every instance however with a few tribunals requiring lodgement fees in the hundreds of dollars. A clear costing from the department, tribunal or review body is recommended when determining your best course of action. Court action on the other hand is almost always expensive.

·         Administrative law actions are like other legal processes. Costs can mount if appeals and cross-appeals keep being made between parties.

o   Be clear about what you are seeking to achieve in challenging the government’s action or inaction.

o   Speak with your lawyer about the likely financial consequences of any costs action going against you at the various stages of review and appeal.

o   Even though you feel you are justified in every aspect of your challenge down the track a tribunal or court might see your case as unwarranted or even vexatious (done in spite). In such cases quite substantial costs orders can be made against you. This means that you would need to pay not only your own legal costs but also those of the other side.

·         Be aware of the steps within your case that can be handled personally and those that require outside assistance. At the very early stages of disputing a government decision it might be quite appropriate to follow informal discussions with the agency or department.

o   For example after receiving your adverse decision you should call the decision maker and make some general enquiries about the decision.

o   Such initial contact would probably not require legal help. You are simply looking for some more information and perhaps requesting the appropriate appeal forms.

o   The administrative law system is designed to enable you to submit early complaints or concerns without the expense of outside help.

o   However if you are at all confused about the decision or what to do next legal assistance might be appropriate.