Botsman and Amundson (No 2)

In *Botsman and Amundson (No 2)*, Dawe J of the Family Court of Australia considered an application by the respondent father for security for costs in contravention proceedings initiated by the applicant mother. The mother had filed proceedings alleging the father had contravened parenting orders.

The primary legal issue before the court was whether the father should be granted an order for security for costs, and if so, in what amount, and what the consequences of non-payment should be. This involved determining whether the circumstances warranted requiring the mother to provide security for the father's legal expenses in defending the contravention proceedings.

Dawe J reasoned that the mother's financial circumstances, as evidenced by her inability to pay her own legal costs and her reliance on legal aid, coupled with the nature of the proceedings, justified an order for security for costs. The court applied the principles governing applications for security for costs, particularly in circumstances where a party is impecunious or receiving legal assistance. The court considered the potential prejudice to the father if he were to incur costs in defending the proceedings and the mother ultimately being unable to pay them.

Consequently, Dawe J ordered that the father pay $10,000 into the court registry as security for costs by 30 June 2010. Pending this payment, the contravention proceedings filed by the mother were stayed.