03 April 2020

Can I get a do-over?

Family Law
Federal

Asked

Family law - Interim hearings - Costs orders and legal aid, vexatious litigation and res judicata

1. Can a costs order be obtained if a party is legally aided?

2. Can a vexatious litigant order be sought in relation to family law proceedings?

3. Can a second interim hearing be obtained when the first one went against the client because they did not have legal representation?

Answered

Thank you for the question.

  1. Yes. In considering whether to make a costs order under s 117(2) of the Family Law Act 1975, the court must have regard to the matters listed in s 117(2A). This includes the financial circumstances of a party and whether they are in receipt of legal aid.
  2. Section 102QB provides that the court can make vexatious proceedings orders. For a case example, see Cannon & Acres [2014] FamCA 104.
  3. Generally no and res judicata would apply. However, if it is a parenting matter and a party agreed to an arrangement and then circumstances changed in some way, that is, it became apparent that what was agreed to is not in the best interests of the child, then a subsequent application could be made to vary the earlier orders. The success of the application would depend on the facts of the particular case.

Regards

Mentor