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FAMILY LAW ACT 1975 - SECT 117AA

Costs in proceedings relating to overseas enforcement and international Conventions

             (1)  In proceedings under regulations made for the purposes of Part XIIIAA, the court can only make an order as to costs (other than orders as to security for costs):

                     (a)  in favour of a party who has been substantially successful in the proceedings; and

                     (b)  against a person or body who holds or held an office or appointment under those regulations and is a party to the proceedings in that capacity.

Note:          For another case where the court can also make an order as to costs, see subsection (3).

             (2)  However, the order can only be made in respect of a part of the proceedings if, during that part, the party against whom the order is to be made asserted a meaning or operation of this Act or those regulations that the court considers:

                     (a)  is not reasonable given the terms of the Act or regulations; or

                     (b)  is not convenient to give effect to Australia's obligations under the Convention concerned, or to obtain for Australia the benefits of that Convention.

             (3)  In proceedings under regulations made for the purposes of section 111B, the court can also make an order as to costs that is:

                     (a)  against a party who has wrongfully removed or retained a child, or wrongfully prevented the exercise of rights of access (within the meaning of the Convention referred to in that section) to a child; and

                     (b)  in respect of the necessary expenses incurred by the person who made the application, under that Convention, concerning the child.



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