DING & DING

In the Family Court of Australia, Mr Ding (the husband) sought costs against Ms Ding (the wife) following the dismissal of her applications in substantive proceedings concerning property and spousal maintenance. The wife opposed the husband's application for costs.

The court was required to determine whether there were circumstances justifying a departure from the general rule that each party bears their own costs, as stipulated by section 117(1) of the *Family Law Act 1975* (Cth). This involved considering various factors, including the conduct of the proceedings, the financial circumstances of the parties, and the wife's complete lack of success in her applications.

Justice Cronin acknowledged criticisms of the wife's conduct of the proceedings, noting a lack of proper discovery and a perplexing approach. However, he also considered the wife's background, including English being her second language and her reliance on advisors, which mitigated against solely blaming her for the litigation's conduct. Crucially, the court found the parties' financial circumstances to be modest, with the wife being unable to afford to pay costs. While the wife was wholly unsuccessful, the court weighed this against her financial position and the overall history of the litigation.

Ultimately, the court found that despite the wife's lack of success and certain criticisms of her conduct, an order for costs could not be justified, primarily due to the parties' modest financial circumstances.