Commonwealth Numbered Acts

Family Law Amendment Act 1983 No. 72 of 1983 - SECT 69

69. Section 117 of the Principal Act is amended by omitting sub-section (2)
and substituting the following sub-sections:

''(2) If, in proceedings under this Act, the court is of opinion that there
are circumstances that justify it in doing so, the court may, subject to
sub-section (2A), make such order as to costs and security for costs, whether
by way of interlocutory order or otherwise, as the court thinks just.

''(2A) In considering what order (if any) should be made under sub-section
(2), the court shall have regard to-

   (a)  the financial circumstances of each of the parties to the proceedings;

   (b)  whether any party to the proceedings is in receipt of assistance by
        way of legal aid and, if so, the terms of the grant of that assistance
        to that party;

   (c)  the conduct of the parties to the proceedings in relation to the
        proceedings including, without limiting the generality of the
        foregoing, the conduct of the parties in relation to pleadings,
        particulars, discovery, inspection, directions to answer questions,
        admissions of facts, production of documents and similar matters;

   (d)  whether the proceedings were necessitated by the failure of a party to
        the proceedings to comply with previous orders of the court;

   (e)  whether any party to the proceedings has been wholly unsuccessful in
        the proceedings;

   (f)  whether either party to the proceedings has, in accordance with
        section 117C or otherwise, made an offer in writing to the other party
        to the proceedings to settle the proceedings and the terms of any such
        offer; and

   (g)  such other matters as the court thinks relevant.''.