Field and Bowers (No. 2)

This matter concerned an application for costs by the wife, Ms Field, against the husband, Mr Bowers, in proceedings before the Family Court of Australia. The wife sought costs totalling $53,711.50, plus out-of-pocket expenses of $259.85. The application was made by way of written submissions, with the husband failing to file a response.

The primary legal issue before the Court was whether an order for costs should be made against the husband, and if so, on what basis. Specifically, the Court considered the application of section 117AB of the *Family Law Act 1975* (Cth), which mandates costs orders where a party knowingly makes a false allegation or statement. The Court also considered whether special or unusual circumstances justified an order for indemnity costs, rather than the usual order that each party bear their own costs.

The Court found that the husband had knowingly made false statements, satisfying the criteria for a costs order under section 117AB. The Court reasoned that the husband had been untruthful in his evidence, and that this untruthfulness was known to him at the time. Furthermore, the Court determined that special circumstances justified departing from the general rule regarding costs. These circumstances included the husband's wholly unsuccessful position, his prolonged and unnecessary litigation, his failure to comply with previous court orders, and his wilful disregard of known facts and warnings from the Court and the Federal Magistrates Court. The Court noted that the husband had been warned on multiple occasions that his evidence did not support his allegations, yet he persisted.

Accordingly, the Court ordered that the husband pay the wife's costs in the sum of $53,711.50, together with her out-of-pocket expenses of $259.85.