Biondi & Koen

In the matter of MLC 2782 of 2017, Ms Biondi (the applicant mother) and Mr Koen (the respondent father) were before Bennett J of the Family Court of Australia. The dispute concerned the father's application to re-open evidence in parenting and relocation proceedings after draft reasons for decision had been delivered but before final orders were formally entered. The mother sought security for her costs in relation to this application.

The court was required to determine whether to grant the father's application to adduce further evidence, and in relation to the mother's application for security for costs, the court needed to consider the relevant provisions of the *Family Law Act 1975* and the *Family Law Rules 2004*, specifically rule 19.05, which informs the exercise of discretion regarding security for costs in parenting proceedings. The court also had to consider the purpose of publishing draft reasons and orders, and whether the father's application fell within the permissible scope of such a process.

Bennett J reasoned that the publication of draft reasons and orders is intended to allow parties to identify typographical errors, minor mistakes, or obvious errors, and not to re-argue the case or introduce new issues. The father's application to re-open evidence was therefore considered an attempt to re-argue the case, which is not permitted at this stage. Regarding the security for costs, the court found that it had the power to order security under section 117 of the *Family Law Act 1975*, and that rule 19.05 of the *Family Law Rules 2004* could inform the exercise of this discretion.

The court ordered that the father pay $10,000 into the trust account of his solicitors as security for the mother's reasonable legal costs and disbursements associated with the father's application to adduce further evidence. The court also made orders regarding the mention of the father's application and the mother's response, and granted leave for the father to make an oral application for injunctive relief concerning the child's attendance at kindergarten. Further orders were made concerning the child's attendance at kindergarten and the facilitation of vaccinations, as well as provisions for changeovers and the issuance of subpoenas.