Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 70NCB

Costs

             (1)  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)  The 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 70NBA, 70NDB, 70NDC, 70NEB or 70NFB in relation to the contravention.



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