Baum & Lokare (No 2)

In *Baum & Lokare (No 2)*, the wife sought an order that the husband pay between one-third and one-half of her costs. The husband had not filed a response to the wife's application and did not attend the hearing. The matter came before McClelland DCJ in the Family Court.

The central legal issue before the court was whether the husband's conduct throughout the proceedings justified making a costs order against him, and if so, to what extent.

McClelland DCJ found that the husband's conduct warranted a costs order. The court determined that the husband should pay 50 per cent of the wife's costs. The husband was ordered to pay the wife's costs as a lump sum of $96,780 within 30 days. In the event of non-compliance, funds payable to the husband under a previous order were to be credited towards this costs obligation, though the husband remained liable for the full amount regardless of the sufficiency of those funds.