When considering offers of settlement from Lenova & Lenova (Costs) [2011] FamCAFC 141 at 11-13
“A timely offer in writing genuinely made might, then, be seen as an important part of a limited armoury available to prospective litigants seeking to avoid the costs of litigation. Conversely, where, consequent upon success in an action, a litigant can point to the making of a genuine and timely offer having been made, that offer might be seen as an important (albeit not the only) matter in the exercise of the discretion as to the ordering of costs."
Lastly, impecuniosity (not having much money) is not a bar to a costs order being made when it is otherwise justified (D & D (Costs) (No 2) (2010) FLC 93-435).
Gayle Li