Naylor & Naylor (No 2)

This matter concerned an application by Ms Naylor (the mother) for costs against Mr Naylor (the father) following review proceedings in the Federal Circuit and Family Court of Australia. The parties are the parents of two children, X and Y. The mother sought an order that the father pay her costs, arguing that his application for review was ill-considered and that she had warned him of her intention to seek costs if he proceeded.

The legal issue before the Court was whether the father should be ordered to pay the mother's costs incurred in the review proceedings. The mother contended that her position regarding the review application's lack of merit had been vindicated by the outcome of those proceedings.

Brown J considered the mother's submissions that the review application was ill-conceived and that she had forewarned the father of her intention to seek costs. The Court noted that the conduct of the Independent Children’s Lawyer had become a point of controversy, leading to the protraction of the proceedings. The Court ultimately ordered that the respondent pay the applicant a lump sum of costs fixed at $2,000.00.