Bollen & Bollen

In *Bollen & Bollen*, the husband sought an order that the wife pay his costs of the proceedings, or a portion thereof, from specific dates. The wife opposed this application. The matter came before Macmillan J in the Federal Circuit and Family Court of Australia.

The court was required to determine whether there were circumstances justifying a departure from the general rule that each party bears their own costs, as stipulated by section 117(1) of the *Family Law Act 1975* (Cth). If such circumstances were found, the court then needed to consider what order, if any, as to costs would be just, having regard to the factors outlined in section 117(2A) of the Act, including the parties' financial circumstances, their conduct in the proceedings, and the overall success of the parties.

Macmillan J reasoned that the husband had been successful in the proceedings, having been permitted to retain the F Town Property, which was the central issue at the final hearing. While the general rule is that parties bear their own costs, section 117(2) of the Act allows for orders to the contrary if circumstances justify it. The court considered the relevant factors under section 117(2A), noting that the husband was ultimately successful in the property dispute.

The court ordered that the wife pay the costs of and incidental to the hearing commencing 16 December 2019 on a party and party basis, including specific costs related to expert evidence. The quantum of these costs was reserved, and the husband's broader application for costs was adjourned for further mention.