ALI & ALI

This decision concerns a costs order made by McClelland DCJ in proceedings between Mr Ali (the husband) and Ms Ali (the wife). The specific dispute leading to this judgment relates to the allocation of legal costs incurred by the parties.

The primary legal issue before the court was to determine the extent to which the husband should be ordered to pay the wife's costs, and to identify any exceptions to such an order. This involved considering the conduct of the parties and the nature of certain applications filed by a third party, Ms K, the husband's mother.

McClelland DCJ ordered that the husband pay the wife's costs of and incidental to the proceedings on a party/party basis, specifically for the period after 31 January 2018. However, this order was subject to an exclusion: the husband was not required to pay the wife's costs associated with two specific applications filed by Ms K on 23 September 2019 and 18 October 2019. The court further directed that the costs, once agreed or assessed, were to be paid within 28 days.