Allen & Cortez (No 2)

In *Allen & Cortez (No 2)*, the Family Court of Australia considered an application for costs arising from a dispute concerning the appropriate forum for proceedings. The wife sought costs, and the husband sought indemnity costs.

The central legal issues before the court were whether section 117 of the *Family Law Act 1975* (Cth) applied to the costs of the forum dispute, or if relevant State legislation governed. The court also considered the principles applicable to an award of indemnity costs.

Macmillan J held that proceedings where the court exercised its implied powers, rather than powers expressly conferred by the *Family Law Act*, were not proceedings "under the Act" for the purposes of section 117. Consequently, the general rule that costs follow the event applied. The court ordered that the wife pay the husband’s costs of and incidental to her Amended Application in a Case filed 25 February 2016 and the husband’s Amended Response to an Application in a Case filed 10 March 2016, to be agreed or, in default of agreement, assessed on a party/party basis.