Cantwell and Cantwell (No. 2)

In *Cantwell and Cantwell (No. 2)*, Berman J of the Family Court of Australia considered an application for costs following earlier proceedings between the parties. The dispute concerned the financial consequences of the parties' separation and divorce.

The primary legal issue before the court was whether the wife should be ordered to pay the husband's costs, and if so, on what basis and in what amount. This involved an assessment of the conduct of the parties during the litigation and the overall merits of their respective positions.

Berman J determined that an order for costs in favour of the husband was warranted. The reasoning appears to have been influenced by the wife's conduct during the proceedings, which the court found to be unreasonable and which contributed to the length and expense of the litigation. The court applied the general principle that costs follow the event, but also considered the specific circumstances of the case in exercising its discretion.

The court ordered that the wife pay the husband's costs in the sum of $5,290, with payment to be made within sixty days of the order.