C & M (Costs)

The parties in this matter were a husband and wife. The wife sought an order for costs following the success of her appeal. The court was required to determine whether it had jurisdiction to make an order for costs in respect of the trial conducted in the Federal Magistrates Court, and to consider the wife's application for the costs of the appeal itself.

The central legal issues before the court were the extent of its jurisdiction to award costs relating to proceedings in a lower court, and the principles governing the award of costs on appeal in the absence of evidence regarding the parties' current financial circumstances. The court also had to consider whether the husband should be granted a certificate under the *Federal Proceedings (Costs) Act 1981* (Cth).

The court found that it lacked jurisdiction to make an order for costs concerning the trial in the Federal Magistrates Court. However, it determined that it had the power to award costs in relation to the appeal. Despite the absence of evidence of the parties' present financial circumstances, the court noted that the appeal had clear merits and was nonetheless resisted by the husband. The wife's partial success on some grounds of appeal was considered an insignificant issue in the overall context. The court also concluded that granting the husband a certificate under the *Federal Proceedings (Costs) Act 1981* (Cth) was not appropriate.

Consequently, the husband was ordered to pay the wife’s costs of and incidental to the appeal.