Frederickson and Grierson

Mr Frederickson (the father) applied to the Family Court of Australia to review orders made by a Senior Registrar concerning the care of his two children. Ms Grierson (the mother) and an Independent Children’s Lawyer (ICL) sought costs against the father after he discontinued his application. The court was required to determine whether to make costs orders in favour of the mother and the ICL, and if so, on what basis, considering the father's financial circumstances.

The court considered the provisions of section 117 of the *Family Law Act 1975* (Cth) regarding costs. Specifically, it examined the court's discretion to make costs orders where circumstances justify it, and the specific provisions relating to costs in proceedings involving an ICL, including the prohibition on making orders that would cause financial hardship. The court also considered the history of the proceedings, noting the father had initiated numerous applications and had been put on notice regarding potential costs orders.

The court found that the father's application for review was ill-founded and that circumstances justified an order for costs in favour of the mother. However, regarding the ICL's costs, the court was constrained by the provision that it must not make an order if it would result in financial hardship to the father. Given the unresolved issues regarding the father's financial circumstances and the need for that evidence to be tested, the court decided to fix the costs for both the mother and the ICL, but reserved the question of payment by the father to the final hearing of the substantive applications. The court fixed the costs for both the mother and the ICL at $2,335, having deducted certain preparation fees.