Dosiak & Dosiak

In *Dosiak & Dosiak*, heard by Dawe J, the proceedings concerned an application by the paternal grandmother seeking time with her granddaughter, which had been initiated in 2006. The mother subsequently filed an application in 2008 seeking costs against the grandmother. The court was also required to consider whether the mother should pay the grandmother's costs in relation to the mother's costs application.

The primary legal issues before the court were whether there were circumstances justifying an order for costs against the grandmother in favour of the mother, and conversely, whether there were circumstances justifying an order for costs against the mother in favour of the grandmother. These considerations were to be made in light of the history of the proceedings, including a Family Assessment Report and the Independent Children’s Lawyer's views, which did not support the grandmother's application for time with the child, and the child's expressed wishes not to spend time with or communicate with the grandmother.

Dawe J considered the provisions of section 117(2A) of the *Family Law Act 1975* (Cth) in determining the costs applications. Regarding the mother's application for costs against the grandmother, the court was not satisfied that the circumstances warranted such an order, leading to its dismissal. Similarly, in relation to the grandmother's application for costs against the mother, the court found that the mother was wholly unsuccessful in her costs application, but again, not satisfied that the parties' respective financial circumstances justified an order for costs, and therefore dismissed this application as well.