LILWALL & JOPSON (No.2)

In *Lilwall & Jopson (No.2)*, Judge Willis of the Family Court of Australia considered an application for costs made by the father following three interim applications filed by the mother. The mother had been wholly unsuccessful in these applications, which the court found involved time-wasting submissions inconsistent with the evidence.

The primary legal issue before the court was whether the mother should be ordered to pay the father's costs of and associated with her unsuccessful interim applications. The court was required to consider the conduct of the parties, including the mother's submissions and the overall circumstances of the case, in determining the appropriate costs order.

Judge Willis reasoned that the mother's applications were entirely without merit and had wasted the court's time and resources. Applying the principles of costs in family law proceedings, which generally follow the rule that costs follow the event in cases of unsuccessful applications, the court found it appropriate to order the mother to pay the father's costs. The court also considered the financial circumstances of the parties in making its determination.

Consequently, the mother was ordered to pay the father's costs of and associated with the interim applications in the sum of $5,044.00, payable to the father care of his solicitor by 24 June 2017. The costs of the Independent Children's Lawyer remained reserved.