Dodd & Matthews

In this matter before Mullane J of the Family Court of Australia, the wife sought the enforcement of consent orders made in February 2008, as well as earlier orders from July 2006 requiring the husband to contribute to single expert fees. The husband, in turn, had applied to have the February 2008 consent orders stayed pending his application to set them aside.

The court was required to determine whether to grant a stay of the consent orders, whether to enforce the existing orders, and the appropriate costs orders given the husband's conduct. Additionally, the wife sought security for her application to summarily dismiss the husband's application to set aside the consent orders.

Mullane J dismissed the husband's application for a stay of the consent orders, finding it to be without merit. The court also granted the wife's application for enforcement of the consent orders and the earlier orders regarding expert fees, noting the husband's repeated failure to comply. The court reasoned that the husband's proceedings were vexatious and that his non-compliance had forced the wife to incur significant costs. Consequently, the husband was ordered to pay substantial costs to the wife, both for opposing the stay application and for the enforcement proceedings. The wife's application for security for costs in the summary dismissal proceedings was also granted.