(1) A 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, 205M, 205O or 205SB in relation to the
contravention.
[Section 205J inserted: No. 35 of 2006 s. 101.]
[Heading inserted: No. 35 of 2006 s. 101.]