Published 31 July 2016
Application for costs — defended application for costs — historic proceedings — Care of Children Act 2004 — Domestic Violence Act 1995. Proceedings related to defended application for costs against the respondent in relation to historic proceedings under the Care of Children Act (COCA) and the Domestic Violence Act (DVA). The Judge was bound by orders made in 2015 that “once the proceedings are determined, the Court has no power to award costs” and thus dismissed the application. It was agreed that the applicant had no jurisdiction to seek costs for historic matters and application for security for costs sought by the respondent became redundant. In defence of the costs applications, the applicant said that he incurred significant legal costs in successfully defending the application for a protection order sought by the respondent and further costs in the COCA proceedings which resulted in a negotiated settlement. He conceded the application was in response to the respondent’s application for bankruptcy for Family Court costs. Judge stated that in cases where Family Court litigation had been incessant for approximately a decade, discretion could be used in ordering costs to lie where they fall. It was in the welfare and best interests of the children that finality be achieved in the parents’ ongoing conflict. **Note: names have been changed to comply with legal requirements.
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