BANHAM & BANHAM (No.3)

In *Banham & Banham (No.3)*, the Family Court of Australia considered an application for costs made by the respondent father in parenting proceedings. The court was asked to determine whether there were any grounds to depart from the usual rule that costs follow the event in family law matters, particularly in light of the fees charged to the father.

The central legal issue before Judge McNab was whether the circumstances of the case warranted an order for costs against the mother. This involved assessing the conduct of the parties and the reasonableness of the expenses incurred, especially given that the father had been self-represented for a significant portion of the proceedings.

Judge McNab expressed astonishment at the level of fees charged to the father, noting that almost all documents filed in the case had been lodged while the father was acting in person. The court found no features present in the proceedings that would justify making a costs order. Consequently, the respondent father’s application for costs was dismissed.