Abani and Abani and Anor (SSAT Appeal) (No.2)

This matter concerned an appeal to the Supreme Court of Tasmania, with Judge Scarlett presiding, following an unsuccessful appeal by the Appellant before the Social Security Appeals Tribunal (SSAT). The core of the dispute revolved around an application for costs made by the Child Support Registrar, the Second Respondent, after the Appellant's complete failure in their SSAT appeal.

The primary legal issue before the Court was whether to grant the Child Support Registrar's application for costs, and if so, on what basis. This required consideration of the Appellant's financial circumstances, particularly in relation to the principles governing costs orders under the *Family Law Act 1975* (Cth), specifically section 117(2A), which allows for the consideration of a party's financial position. The Court also had to determine if the Appellant's impecuniosity, or lack of financial means, would preclude a costs order or affect the terms of any such order.

Judge Scarlett reasoned that while the Appellant was wholly unsuccessful on their appeal, their financial circumstances were a relevant factor in determining the appropriate costs order. The Court acknowledged that impecuniosity does not automatically absolve a party from paying costs. Instead, it is a consideration that informs the Court's discretion, particularly regarding the timeframe for payment. The Court ultimately ordered the Appellant to pay the Second Respondent's costs, fixed at $6,851.00, and granted the Appellant a period of eight months to satisfy this debt, thereby balancing the principle of indemnity for the successful party with the reality of the Appellant's financial position.