Bacu and Bacu (Costs - Disqualification)

In *Bacu and Bacu*, the husband sought to appeal a decision of the Family Court of Australia regarding costs. The wife was the respondent in this appeal. The core of the dispute concerned the husband's application to disqualify the wife from acting as a litigation guardian for their child.

The central legal issue before the Full Court of the Family Court was whether the husband should be ordered to pay the wife's costs associated with his unsuccessful application to disqualify her as litigation guardian. This involved considering the principles governing costs orders in family law proceedings, particularly in circumstances where an application is deemed to be without merit or vexatious.

Le Poer Trench J considered the husband's application for disqualification to be without merit. His Honour found that the application was not brought in good faith and that it was an attempt to frustrate the wife's ability to conduct litigation on behalf of the child. Applying the general principles of costs in family law, which allow for discretion to award costs against a party who has conducted litigation unreasonably or vexatiously, the Court determined that a costs order against the husband was appropriate.

Consequently, the Court ordered that the husband pay the wife's costs of the husband's disqualification application, to be agreed between the parties or, failing agreement, as assessed by the Court.