Bevilacqua v Robinson (No 2)

In the matter of Bevilacqua v Robinson, the plaintiff, Bevilacqua, sought an order for the defendant, Robinson, to pay his costs under the Family Provision Act. The case was heard in the Supreme Court of Queensland. The dispute centred around a claim by the plaintiff to receive a portion of the deceased's estate, which was contested by the defendant. The legal issues before the court were whether the plaintiff, having been unsuccessful in his application, should be ordered to pay the defendant's costs and if so, whether the court should exercise its discretion to order the plaintiff to pay the defendant's costs.

The court considered the relevant provisions of the Family Provision Act and the principles governing costs in litigation. The court held that an unsuccessful plaintiff should be ordered to pay the defendant's costs in Family Provision Act proceedings, where the Act itself did not expressly exclude such an order. The court further found that the discretion to order costs should be exercised judiciously and only in cases where the plaintiff's claim was frivolous, vexatious, or an abuse of the court process. The court found that the plaintiff's claim was neither frivolous nor vexatious, and therefore declined to order the plaintiff to pay the defendant's costs.