Following a motion concerning non-compliance with undertakings and arrears of child support, the court determined the appropriate costs award.
The moving party had been largely successful in establishing substantial non‑compliance with undertakings and child support obligations, although not all requested relief was granted.
Applying Rule 24 of the Family Law Rules, the court considered the parties’ conduct, the importance of the issues, the time spent, and the reasonableness of the claimed legal fees.
While the responding party’s conduct was found to be unreasonable, the evidence did not establish bad faith.
Costs were awarded in a reduced amount payable by instalments.
