The respondent mother sought full indemnity costs following the applicant father's motion for parenting time and travel authorization, where the holiday parenting schedule issue was resolved at a settlement conference.
The father argued against costs, citing the settlement, or sought costs against the mother for unreasonable conduct.
The court found the father's conduct unreasonable, noting his repeated attempts to vary a recent interim order and his uncompromised settlement offer.
The mother's offer was found to be more favourable and compliant with Rule 18(4) of the Family Law Rules.
Despite the matter settling at a conference, the court awarded fixed costs to the mother, finding that the presumption against costs in such circumstances was overcome by the father's unreasonable conduct and the mother's reasonable offer.
