Donate Child Support Calculator
Skip navigation

Self Represented applying for costs againts represented litigant

Just a quick question to the world wide web…

I'm an SRL and have just been 'wholly successful' in the Federal Magistrates Court against my ex who is represented by a solicitor. I was seeking to be placed on the birth certificate of my daugther and also for a hyphenated surname for her for which i was awarded on both counts. I made an offer to the other party early on in the piece that was declined, but ended up being awarded basically to the letter. I subsequently applied for costs against the other party to which is  to be heard in chambers by written submissions.

The magistrate in the hearing mentioned that as I wasnt represented I was not entitled to costs and asked if I wanted to proceed with my costs application. I said I did. In my research I have not seen any mention in the Federal Magisterates Act 1999, the Federal Magistrates Court Rules 2001 or the Family Law Act 1974 where is states that self-represented litigants are not entitled (there was metion in chapter 19 of the Family Court Rules 2004 - but we are not in that court). All references I can see simply state that a court can award costs against a party. I am currently writing my submission, however can anyone clarify if I am entitled to costs that I have incurred and if so does anyone have an case precendent for the situation?
1 guest and 0 members have just viewed this.

Recent Tweets