Edson and Whitney and Anor

In the matter of *Edson and Whitney and Anor*, Rees J of the Federal Circuit and Family Court of Australia considered applications made by the husband concerning costs and security held over property. The proceedings involved the husband and the second respondent, as well as the wife. The husband sought various orders, including the payment of lump sum costs by both the wife and the second respondent, and an order requiring the second respondent to waive security held over the wife's property. He also sought a "dollar for dollar" costs order.

The central legal issues before the court were whether the husband was entitled to lump sum costs from the wife and the second respondent, whether the second respondent should be compelled to waive security over the wife's property, and whether a "dollar for dollar" costs order was appropriate. Additionally, the court had to determine the appropriate procedural path for the husband's application made pursuant to section 106B of the *Family Law Act 1975* (Cth).

Rees J dismissed the husband's applications for lump sum costs against both the wife and the second respondent, as well as his application for a "dollar for dollar" costs order. The court also dismissed the husband's application for an order requiring the second respondent to waive security held over the wife's property. However, the court ordered that the matter be referred to a registrar for directions to enable the husband's application under section 106B of the *Family Law Act* to be listed for hearing as a threshold matter.