This endorsement determines costs following a decision granting the Applicant interim unsupervised access.
The Applicant sought costs on a full indemnity basis, arguing he was the successful party and the Respondent acted unreasonably by failing to file responding material.
The Respondent opposed, citing financial hardship and alleging unreasonable conduct by the Applicant.
The court found the Applicant was the successful party, although his offers to settle did not trigger full recovery costs under Rule 18(14) of the Family Law Rules.
The Respondent's failure to file material was deemed unreasonable.
Considering all factors, including the reasonableness and proportionality of the parties' behaviour and the offers to settle, the court awarded the Applicant $5,500 in costs, inclusive of HST and disbursements, payable monthly.