Raby & Fisk (No 2)

In *Raby & Fisk (No 2)* [2013] FamCA 558, the Family Court of Australia considered applications for costs made by both the father (Mr Raby) and the mother (Ms Fisk) arising from protracted and acrimonious parenting proceedings. The Independent Children's Lawyer also participated in the proceedings.

The court was required to determine whether to depart from the general principle that each party bears their own costs under section 117(1) of the *Family Law Act 1975* (Cth), and if so, to exercise its discretion under section 117(2) to make an order for costs as it deemed appropriate and just. The father also sought orders for compensation for loss of earnings and career, and damages for alleged false and misleading allegations, which the court considered separately from the costs applications.

The court dismissed the father's claims for compensation and damages, finding that the jurisdiction of the court under the *Family Law Act* did not extend to such orders. Regarding costs, the court noted that while the mother had been largely successful in her parenting application and had incurred significant legal fees, and the father had been unsuccessful in his applications, the proceedings had been complex and involved contributions from both parties to the difficulties encountered. The court found that the mother's position was not as straightforward as she presented, and that the father, despite criticisms of his approach, had little alternative but to pursue his applications due to the mother's entrenched stance. Consequently, the court concluded that there were no justifiable circumstances to award costs in favour of either party.