FRISWELL & CHILD SUPPORT REGISTRAR (No.3)

This matter concerned an application by the Applicant to reopen proceedings for an order for costs, following a previous decision by Judge Scarlett of the Federal Circuit Court of Australia. The dispute centred on the Applicant's failure to comply with a court direction to file submissions within a specified timeframe, leading to an oral application being made on the day judgment was due.

The primary legal issue before the Court was whether the Applicant's oral application to reopen the costs proceedings should be granted, particularly in light of their failure to comply with a court direction. A secondary issue, arising from the substantive costs order, concerned the relevance of the Applicant's financial circumstances, including potential impecuniosity, to the court's discretion in awarding costs and in setting terms for payment.

Judge Scarlett dismissed the Applicant's oral application to reopen the costs proceedings, finding that the Applicant had failed to comply with a clear direction from the Court. The Court also discharged the previous order allowing the Applicant three months to pay the costs of $5,251.50. Instead, the Applicant was allowed twelve months to pay these costs, indicating that while financial circumstances are relevant to the ability to pay, they do not necessarily preclude a costs order or the imposition of payment terms.