COLE & INGRAM

In proceedings before Benjamin J of the Family Court of Australia, the mother sought costs in relation to substantive parenting and contravention proceedings. The father was ordered to pay the mother's legal costs.

The primary legal issue before the court was the appropriate basis upon which to award costs, considering the principles outlined in section 117 of the *Family Law Act 1975* (Cth). The court also considered whether an indemnity costs order was warranted.

Benjamin J determined that a costs order against the father was justified. However, the court found that an indemnity costs order was not appropriate in the circumstances. Instead, the father was ordered to pay the mother's costs on a solicitor-client basis, with the total sum fixed at $75,062. The court also certified that it was reasonable to engage senior counsel. All other extant costs applications were dismissed.