GARROD & DAVENORT

In *Garrod & Davenort* [2021] FamCA 276, the Family Court of Australia considered an application for costs following final parenting orders. The applicant mother sought costs against the respondent father, who opposed the application. The court was required to determine whether circumstances justified departing from the general rule that each party bears their own costs, and if so, to what extent.

The court's determination of the legal issues involved an assessment of various factors under section 117(2A) of the *Family Law Act 1975* (Cth). These factors included the financial circumstances of both parties, their conduct in relation to the proceedings, whether either party had been wholly unsuccessful, and any offers of settlement. The court also considered the impact of legal aid received by both parties.

Justice Bennett found that the father's conduct throughout the proceedings significantly increased the mother's costs. Specifically, the father consistently denied allegations of physical and emotional abuse against the mother and other adult women for six years, only admitting to them late in the trial. This prolonged denial necessitated the mother proving these allegations, thereby extending the hearing and increasing legal expenses. While the mother was unsuccessful in proving an allegation that the father had assaulted their daughter, the court found that the father was wholly unsuccessful in obtaining time with the child. Despite the strained financial circumstances of both parties and the fact that both had received legal aid at various stages, the court was satisfied that the father's conduct and lack of success justified an order for costs in favour of the mother.

Consequently, the court ordered the respondent father to pay the applicant mother's costs fixed in the sum of $45,000. The mother was also directed to provide a copy of the order and reasons to the Proper Officer of the Legal Services Commission of South Australia.