CKC and RRC (Costs)

This matter concerned an appeal before the Full Court of the Family Court of Australia, brought by the appellant (the wife) against a costs order made by Mullane J on 23 February 2006. The appeal also related to earlier orders made on 22 August 2005.

The primary legal issue before the Full Court was whether the costs order made by Mullane J, which required the wife to pay the entirety of certain costs, was appropriate. The Court was also required to consider the wife's application for an extension of time to appeal the costs order and to dispense with the need to file a further notice of appeal.

The Full Court allowed the appeal, finding that the costs order should be varied. The Court reasoned that it was appropriate to insert the words "one half" after "the wife must pay", indicating that the wife was to be responsible for only half of the specified costs. In relation to the costs of the appeal itself, the Court granted costs certificates under the *Federal Proceedings (Costs) Act 1981* (Cth) to both the appellant and the respondent, signifying that it would be appropriate for the Attorney-General to authorise payments to each party in respect of their appeal costs.