Burns and Sellers (No 2)

In *Burns and Sellers (No 2)*, the wife sought an order that the husband pay her costs in relation to two interim applications, while the husband sought the dismissal of these applications. The proceedings before Hannam J concerned an interim application for a communication injunction and an interim parenting application.

The court was required to determine whether to depart from the usual rule that each party bears their own costs in family law proceedings. Specifically, the court had to consider whether the circumstances justified ordering the husband to pay the wife's costs in relation to the communication injunction and the interim parenting application, given the wife's success on the former.

Hannam J found that the wife was wholly successful in her application for a communication injunction. Considering the significant financial imbalance between the parties, the court determined that these circumstances justified departing from the usual costs rule in relation to the communication injunction. However, the court found that similar circumstances did not justify departing from the usual rule concerning the interim parenting application.

Consequently, the court ordered that the husband pay the wife's costs of and incidental to the communication injunction proceedings on a party/party basis, to be agreed within one month or otherwise assessed. The husband's application to dismiss the wife's interim parenting application was dismissed.