Cameron McKenzie To expand on s117(2A)
From Nada & Nettle (Costs) [2014] FamCAFC 207 at [6-8].
“The starting point for a discussion of costs is s117(1) of the FLA and the guiding principle of that section is each party to proceedings under the Act should bear his or her own costs unless the Court is of the opinion that there are circumstances that justify the making of a costs order (s117(2)). Where the Court is of the opinion that the circumstances justify the making of a costs order, s 117(2A) sets out matters to which the Court should have regard in determining what, if any, order should be made.
In making this determination the court uses the considerations under s117(2A)
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 made an offer in writing to the other party to the proceedings to settle the proceedings and the terms of any such offer; and
such other matters as the court considers relevant