Abbott and Langton (Costs)

In *Abbott and Langton (Costs)*, Boland J of the Family Court of Australia considered competing applications for costs arising from property proceedings under s 79 of the *Family Law Act 1975* (Cth). The dispute centred on the husband's financial circumstances, which were superior to the wife's at the conclusion of the proceedings, and the failure of both the husband and his case guardian to provide updated financial information.

The court was required to determine whether circumstances justified a departure from the usual rule that each party bears their own costs under s 117(1) of the *Family Law Act*. Specifically, the court had to assess the impact of the case guardian's failure to update financial information on the wife's ability to consider an offer made by the husband, and whether this failure warranted an order for the husband to pay a portion of the wife's costs. The court also considered the husband's applications for costs of certain interlocutory proceedings.

Boland J reasoned that the case guardian's failure to provide updated financial information, despite an undertaking as to disclosure, prejudiced the wife's ability to properly consider the husband's offer, which was not materially different from her entitlements. This failure, coupled with the husband's superior financial position, constituted circumstances justifying a departure from s 117(1) in relation to the substantive proceedings. Consequently, the court ordered that the case guardian cause the husband to pay 50 per cent of the wife's costs of the substantive property proceedings. However, for the interlocutory applications, the court found no circumstances justifying a departure from s 117(1), and each party was ordered to bear their own costs of those applications.