In every family law matter there is an element of risk because if you are unsuccessful you’re your claims made in the Application, your motion or appeal you can be ordered to pay the successful party’s costs.
Before launching a claim you should assess the risk involved:
Things to consider when assessing risk:
- Are there any outstanding costs orders from the past that remain unpaid?
- Has the matter been conferenced so that a Judge’s opinion has been canvassed?
- Has full disclosure exchanged?
- Consider putting an Offer to Settle in first prior to bringing a motion so you can determine how far apart you are;
- Consider a 4 way meeting between lawyers and the parties first;
Developing a risk averse way to practice family law is the most logical and reasonable way to resolving family law matters while avoiding cost consequences. Each case requires a case by case analysis on how to ensure maximum success with each step taken.
