Costs — spousal maintenance — Calderbank offer — legal aid —exceptional circumstances — Legal Services Act 2011, ss 45(5) & 46(6) — District Court Rules 2014 — Black v Black [2016] NZHC 2492 — ND v GGHFC Queenstown FC FAM 2007-002-1384, 4 December 2009 — X v Y [2000] 2 NZLR 748 (HC) — RMJ v BJG [2017] NZHC 2470. The applicant, having been successful in her application for retrospective spousal maintenance, sought costs against the respondent. The respondent had received legal aid for the initial hearing, which meant s 45 of the Legal Services Act (LSA) had to be given consideration when determining a costs order. If a party is in receipt of legal aid, then an award of costs cannot be made against them unless there are exceptional circumstances justifying a costs order. Counsel for the applicant submitted that an order should be made pursuant to s 45(5) of the LSA because the applicant had been entirely successful in her claim, and had made a Calderbank offer to the respondent, which, if he had accepted at the time, would have saved the applicant the expense of a hearing and would have meant the respondent was in a better position. The Judge was satisfied that an order pursuant to s 45(5) was appropriate, and made an order that a costs award for $10,2777.50 would have been made against the respondent had s 45 not affected his liability. This meant that the applicant could apply to the Legal Services Commissioner pursuant to s 46 for a payment of the costs. Judgment Date: 3 July 2020. * * * Note: names have been changed to comply with legal requirements. * * *