Acton and Burton (No 2)

In *Acton and Burton (No 2)*, Hogan J of the Federal Circuit Court of Australia considered an application for costs made by the Respondent Husband following an earlier application filed by the Applicant Wife on 9 March 2015. The dispute concerned the costs associated with this prior application within broader property settlement proceedings.

The central legal issue before the court was the determination of who should bear the costs of the Applicant Wife's earlier application and on what basis those costs should be paid. The court was required to decide whether the Applicant Wife should be ordered to pay the Respondent Husband's costs and, if so, the timeframe and method for payment.

Hogan J ordered that the Applicant Wife pay the Respondent Husband's costs of and incidental to the application filed on 9 March 2015. These costs were to be assessed on a party/party basis, either by agreement between the parties or, failing agreement, by assessment. The payment of these costs was deferred, to be made within 60 days of the final order or resolution of the property settlement proceedings between the parties.