Security for costs

[Rambo12104]

Hi there,

Does anyone know of any recent Full Court cases in relation to Part 12.2 ‘Security for Costs’ of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021?

Just wondering if there are any relevant recent cases or what the process is (what the court usually does).

 

[CSFLW]

Hello Alexandra

Do you want to make an application for security of costs?

 

[Rambo12104]

Hello Alexandra

Do you want to make an application for security of costs?

Hi,

I don’t. I’m just doing some research and needed some help.

 

[CSFLW]

Okay, is this in regard to a family law matter.

If so, is it relevant to an appeal in a family law case, as otherwise, the family law jurisdiction is a no costs jurisdiction.

 

[CSFLW]

 

[krylek]

I was awarded around $120,000 in my legal costs by the Family Court. I have not seen a cent and am unlikely to, without pursuing costs through the courts. But after going into deep debt to pay for my legal case, I can’t afford to go into more debt to get my costs. So costs orders are really just a joke.

 

[Atticus]

I was awarded around $120,000 in my legal costs by the Family Court

Is there an actual order that the other party pay $120K for costs? .... Do they have the capacity to pay?

 

[krylek]

Yes. There is an actual order. Yes, they have the capacity to pay. There’s also an order they pay all outstanding child support which the CSA won’t pursue as he’s got everything tied up in trusts. So owed about $45k in child support (which is nothing when it’s over 16 years), and my legal costs. He owns a plane (among other things), but put it in a business name that you own and you don’t pay a thing.

 

[Atticus]

Yes. There is an actual order. Yes, they have the capacity to pay.

Then why not consider an application to enforce & that the costs of it be included?

 

[krylek]

The application for costs and the following proceedings is likely to set me back around $30,000. He’s not going to pay, we have trusts, businesses, a crypto currency business. To employ people to try and untangle his finances will run into tens of thousands. The best I can hope is that he’s bankrupted (on paper only) and that he can no longer be the director of a business. I’ll never see a cent, nor will be daughter.

I have no money left. I am tapped out. I am also emotionally done, I have PTSD from the three years long court process. Is it worth starting it again? It seems grossly unfair that he’s been able to cripple me financially & has walked away without paying a cent. But to get into more debt without a guarantee of recouping anything? Why?

It’s all very well to lodge an application, and then what? He does another financial disclosure which the judge says is obviously a lie. Then what? More and more money that I don’t have to try and unravel his finances that he’s had years to hide.

If it was as easy as filing an application, I’d have done it.

Keep in mind the CSA hasn’t filed an application to recover the arrears despite a court order that he pay all arrears. They arguable have many more resources to do this than I would.