EDWARDS & SIMPSON (No.2)

In *Edwards & Simpson (No.2)*, the applicant sought costs from the respondent following the dismissal of a parenting application. The application was dismissed by Judge O'Sullivan of the Federal Circuit Court of Australia.

The central legal issue before the court was whether there were justifying circumstances for an order for costs to be made against the applicant, given that the parenting application had been dismissed pursuant to the rule in *Rice & Asplund*.

Judge O'Sullivan reasoned that the dismissal of the parenting application under the *Rice & Asplund* rule, which generally presumes each party bears their own costs in family law proceedings, did not automatically preclude an order for costs. The court considered the conduct of the parties and the circumstances surrounding the application and its dismissal. The court found that there were justifying circumstances present that warranted an order for costs in favour of the respondent.

Consequently, the court ordered that the applicant pay the respondent's costs, fixed at $2,338.50, to be paid within 60 days.