A costs decision following a family law trial involving child support, extraordinary expenses, and equalization of net family property.
The respondent sought substantial indemnity costs based on several settlement offers under Rule 18 of the Family Law Rules.
The court found that none of the offers were bettered at trial and therefore did not trigger Rule 18 consequences.
Although trial success was divided between the parties, the court found the applicant had behaved unreasonably during the proceedings by failing to properly disclose income, failing to support the children adequately after separation, and disregarding a court order.
As a result, the applicant was disentitled from claiming costs despite partial success, and the respondent was awarded costs.
