Abulafia and Geary (No. 2)

In *Abulafia & Geary (No. 2)* [2013] FamCA 719, the Family Court of Australia considered an application concerning the payment of costs for an expert report in family law proceedings. The applicant father and respondent mother were involved in a dispute regarding their child. The primary issue before the court was the allocation of the costs associated with the preparation of a crucial expert report, which was intended to address significant matters concerning the father's mental health, its potential impact on the child, and risks to the mother.

The court was required to determine the immediate responsibility for the payment of the expert report's preparation costs. The father's representative proposed a shared cost arrangement, while the mother's representative argued that the father should bear the costs in the first instance, with the final apportionment to be decided at a later stage. The court also had to consider the parties' respective financial positions, the mother's current incapacitation due to injury, and the relevance of certain evidence, such as video recordings, proposed by the father.

Justice Hannam found that the parties' financial resources were not substantially equal, noting a significant difference in income, particularly given the mother's current inability to work. The court also agreed that the mother was not impeding the father's ability to pay child support and observed that the father could have demonstrated goodwill by offering some contribution earlier. Furthermore, the court expressed doubt regarding the necessity of the video recordings for the expert's report, suggesting that their inclusion was primarily driven by the father's request. Consequently, the court ordered that the father pay the costs of the expert report's preparation in the first instance, with the final determination of the proportion to be borne by each party reserved for the final hearing.