BACKEN & WOLLAM

[2020] FamCA 338

FAMILY COURT OF AUSTRALIA

BACKEN & WOLLAM [2020] FamCA 338

FAMILY LAW – COSTS

Family Law Act 1975 (Cth) s 117

Hawkins & Roe (2012) 47 Fam LR 526
Prantage & Prantage (2013) FLC 93-544

APPLICANT: Mr Backen

RESPONDENT: Ms Wollam

FILE NUMBER: SYC 1022 of 2020

DATE DELIVERED: 8 May 2020

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Rees J

IN CHAMBERS: 8 May 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Kearney SC

SOLICITOR FOR THE APPLICANT: Kenna Teasdale Lawyers

SOLICITOR FOR THE RESPONDENT: Yates Beaggi Lawyers

Orders

IT IS ORDERED

1. That the father’s application for costs in relation to the applications in a case filed 22 April 2020 be dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Backen & Wollam has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 1022 of 2020

Mr Backen

Applicant

And

Ms Wollam

Respondent

REASONS FOR JUDGMENT

1. On 21 April 2020 I delivered reasons and made orders in parenting proceedings between Mr Backen (“the father”) and Ms Wollam (“the mother”). Those orders provided for the six children of the parties to live with the father and for the mother, forthwith, to return the three youngest children to the father.

2. The mother did not comply with those orders.

3. On 22 April 2020, the father filed an application seeking recovery orders and the mother filed an application for a stay of the orders pending appeal.

4. On 24 April 2020 the mother’s application for stay of those orders, pending appeal, was dismissed.

5. The father now seeks costs in relation to the applications filed on 22 April 2020.

6. The father relies on written submissions filed on 30 April 2020.

7. The mother relied on submissions filed 7 May 2020.

8. Section 117 of the Family Law Act 1975 (Cth) governs costs. S 117(1), (2) and (2A) relevantly provide:

   (1)Subject to subsection (2), subsection 70NFB(1) and sections 117AA, 117AC and 118, each party to proceedings under this Act shall bear his or her own costs.

   (2)If, in proceedings under this Act, the court is of opinion that there are circumstances that justify it in doing so, the court may, subject to subsections (2A), (4), (4A) and (5) and the applicable Rules of Court, make such order as to costs and security for costs, whether by way of interlocutory order or otherwise, as the court considers just.

   (2A)In considering what order (if any) should be made under subsection (2), the court shall have regard to:

   (a) the financial circumstances…