Font and Banton (No 2)

In *Font and Banton (No 2)*, the Family Court of Australia considered an application for costs brought by the Independent Children’s Lawyer (ICL). The dispute concerned costs in proceedings involving Ms Font and Mr Banton, with the ICL seeking an order for costs against Ms Font.

The central legal issue before Barry J was whether to grant the ICL’s application for costs against Ms Font, given her poor financial circumstances and the fact that there was some merit to the father's litigation. The court was required to determine if any special features of the case or Ms Font's conduct in relation to the litigation warranted such an order.

Barry J reasoned that while Ms Font had poor financial circumstances, this alone did not preclude a costs order. However, the court found no special features in the case or in Ms Font's behaviour that would justify making a costs order against her. Consequently, the ICL’s application for costs was dismissed.