Dunstan and Raines (No 3)

In *Dunstan and Raines (No 3)*, Benjamin J of the Family Court of Australia considered an application for costs following substantive proceedings between Ms Dunstan (the mother) and Mr Raines (the father). The dispute concerned the allocation of legal costs and disbursements incurred by the mother in the substantive proceedings, as well as the costs of the current application.

The primary legal issue before the Court was whether the father should be ordered to pay a portion of the mother's legal costs. This involved determining the appropriate basis for assessing such costs and whether it was reasonable to engage counsel for the proceedings.

Benjamin J reasoned that a party/party basis was appropriate for assessing the costs of the substantive proceedings heard on 14 August 2015 and determined by orders made on 20 August 2015. The Court also found it reasonable to engage counsel to attend the proceedings, certifying this pursuant to Rule 19.50 of the *Family Law Rules 2004*.

The Court ordered that the father pay one half of the mother's legal costs and disbursements in relation to the substantive proceedings and the costs of the current costs application.