IB & LB

The Family Court of Australia heard an appeal by the mother against parenting orders made by Cohen J. The father sought security for costs in relation to this appeal, which was filed by the mother on 15 September 2005. The father's application for security was filed on 12 December 2005, after the time prescribed by the Family Law Rules 2004.

The court was required to determine whether to grant the father an extension of time to file his application for security for costs, and if so, whether to make an order for security for costs. In considering these matters, the court had regard to the provisions of section 117(2A) of the Family Law Act 1975 (Cth) and the principles outlined in cases such as *Luadaka v Luadaka* and *Jones and Jones*. These principles include consideration of the financial circumstances of the parties, the conduct of the parties, whether proceedings were necessitated by failure to comply with previous orders, and the prospects of success of the appeal.

The court granted the father an extension of time to file his application for security for costs, noting that the delay was partly explained by the father's period without legal representation and that the application had considerable merit. Applying the principles from *Luadaka*, the court considered the financial circumstances of both parties, the mother's prospects of success on appeal, and the history of litigation. The court found that there were justifying circumstances for an order for security for costs.

The court ordered that the mother provide security for the father's costs in the sum of $5,000.