AYARI & AGASSI

In the matter of *Ayari & Agassi*, Benjamin J of the Family Court of Australia considered an application by the husband for the wife to pay his costs of the proceedings. The wife had also filed an application seeking the discharge of interim orders made on 14 September 2016.

The primary legal issues before the court were whether the wife should be ordered to pay the husband's legal costs, and if so, on what basis. Additionally, the court was required to determine the quantum of those costs, specifically in relation to the fees of the husband's barrister for the costs application, and whether it was reasonable to engage counsel for that application.

Benjamin J ordered that the wife pay the husband's legal costs of the proceedings on a party/party basis, to be agreed or assessed under the *Family Law Rules 2004* (Cth). The wife was also ordered to pay $2,200 towards the fees of the husband's barrister for the costs application, with any further costs sought in relation to that application being discharged. The court certified that it was reasonable to engage counsel to attend the costs application pursuant to Rule 19.50 of the *Family Law Rules 2004* (Cth). All outstanding applications were dismissed.