FAMILY COURT ACT 1997 - SECT 205M

FAMILY COURT ACT 1997 - SECT 205M

205M .         Costs — FLA s. 70NDC

        (1)         If a court does not make an order under section 205L in relation to the current contravention, the court may make an order that the person who brought the proceedings (the applicant ) pay some or all of the costs of another party, or other parties, to the proceedings.

        (2)         A court must consider making an order under subsection (1) if —

            (a)         the applicant has previously brought proceedings in relation to the primary order or another primary order in which the applicant alleged that the respondent committed a contravention of the primary order or that other primary order; and

            (b)         on the most recent occasion on which the applicant brought proceedings of the kind referred to in paragraph (a), the court before which the proceedings were brought —

                  (i)         was not satisfied that the respondent had committed a contravention of the primary order or that other primary order; or

                  (ii)         was satisfied that the respondent had committed a contravention of the primary order or that other primary order but did not make an order under section 205G, 205L, 205O or 205SB in relation to the contravention.

        [Section 205M inserted: No. 35 of 2006 s. 101.]

        [Heading inserted: No. 35 of 2006 s. 101.]