HUGH & SAWER (COSTS OF STRIKE OUT)

In this matter before Bennett J of the Family Court of Australia, the father sought the removal of the independent children's lawyer. The mother had made an offer in relation to costs. The father did not attend court for the hearing of his application, nor did he discontinue the proceedings.

The court was required to determine whether to grant the father's application for costs, and specifically, to consider the father's financial hardship in relation to paying the costs of the independent children's lawyer.

Bennett J allowed the applications for costs. The court considered the father's failure to attend court or discontinue his unsuccessful application, and the mother's offer regarding costs. The court also took into account the father's financial circumstances when assessing the application for the costs of the independent children's lawyer.

The father was ordered to pay the mother's costs of the application filed on 29 April 2010, which were fixed at $1,753 and payable by 1 July 2010. Additionally, the father was ordered to pay the costs of the independent children's lawyer for the same application, fixed at $1,700 and also payable by 1 July 2010.