Easton and Easton (No.2)

In *Easton and Easton (No.2)*, the Family Court of Australia considered an application by the husband for an order that the wife pay his costs of the proceedings. The dispute arose in the context of family law proceedings, specifically concerning the division of property.

The primary legal issue before the Court was whether the husband had established grounds for an order that the wife pay his costs. This involved an assessment of the conduct of the parties during the litigation and whether any such conduct warranted a departure from the usual rule that each party bears their own costs.

Judge Small found that the wife's conduct in the proceedings had not been unreasonable or vexatious to the extent that it justified an order for her to pay the husband's costs. The Court therefore dismissed the husband's application for a costs order against the wife. The husband was ordered to pay the wife's costs on a party/party basis in the sum of $20,000, with this order stayed for 40 days.