Published 28 March 2019
Costs — costs incurred by the court — Care of Children Act 2004, s 135A — Domestic Violence Act 1995 — Family Court Rules 2004. The Court was asked to determine costs between the parties and recovery of costs incurred by the Court following protracted proceedings related to the care of the parties' children. The court began by noting that the application was brought under both the Care of Children Act and the Domestic Violence Act; and that as the Domestic Violence Act did not contain provisions for costs, that reference must be had to the Family Court Rules. In determining costs, the court considered the circumstances of each party including the applicant's regular failure to progress matters and enact in practice agreed outcomes, and non-compliance with timetable directions made by the court. The court noted that it had, on several occasions, warned the parties about the potential for cost implications. The court found that, although there were aspects of inappropriate behaviour on the part of the respondent, the applicant had continued to pursue an untenable position despite the impact that it had upon her children and the inevitability of increased financial costs to both parties. The court found that the applicant could not avoid responsibility for the unnecessary increase in costs and, with reference to the applicant's means and conduct the court, determined under s 135A(4) that the applicant contribute $4,000 towards the Court's costs and the respondent to contribute $2,000. Judgment Date: 29 September 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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