BEHRENDT & CADENET

In *Behrendt & Cadenet*, Harper J of the Federal Circuit Court of Australia considered an application for costs. The dispute concerned the mother's further amended application filed on 13 March 2019, and the father's entitlement to recover costs incurred in relation to that application.

The central legal issue before the court was the apportionment of costs. Specifically, the court was required to determine the extent to which the mother should be ordered to pay the father's costs associated with her further amended application, and the relevant period for which those costs should be recoverable.

Harper J ordered that the mother pay 50% of the father’s costs of and incidental to the mother’s Further Amended Application filed on 13 March 2019. These costs were to be limited to those incurred after 10 April 2019 and up to and including 27 November 2019. The order stipulated that the costs were to be as agreed or assessed, with no assessment to occur prior to the final determination of the proceedings unless by leave of the Court.