CARTER & GREENHILL

In the matter of *CARTER & GREENHILL*, heard by Tree J, the father appealed parenting orders and sought a stay of those orders. The father subsequently withdrew his appeal. The mother brought an application for costs in the principal proceedings, which was dismissed. The mother also sought costs on an indemnity basis for the father's stay application, and the Independent Children's Lawyer (ICL) sought costs for the father's stay application and in the principal proceedings.

The court was required to determine the appropriate costs orders in light of the father's withdrawn appeal and stay application, and the applications made by the mother and the ICL. Specifically, the court had to consider the relevant considerations under s 117(2A) of the *Family Law Act 1975* (Cth) when making costs orders.

Tree J ordered that the mother's application for costs in the principal proceedings be dismissed with no order as to costs. The father was ordered to pay the mother's costs of and incidental to his stay application, to be agreed or assessed on a party/party basis. The father was also ordered to pay the ICL's costs of and incidental to his stay application. Furthermore, the parties were each ordered to pay 50% of the ICL's costs of the trial. All other extant costs applications were dismissed.