FINCH & FINCH (No.3)

In *Finch & Finch (No.3)*, Judge Willis considered an application by the husband for costs following a final property hearing. The dispute centred on the wife's conduct during the proceedings, which the husband alleged involved wasting significant time on unsuccessful issues, advancing unsubstantiated propositions without expert evidence, and making false claims of misappropriation.

The court was required to determine whether the wife's conduct warranted an order for her to pay the husband's costs, and if so, to what extent. This involved assessing the reasonableness of the wife's actions and the impact of her dishonesty on the litigation process.

Judge Willis found that the wife's conduct, including her dishonesty and the advancement of unsubstantiated claims, justified an order for costs against her pursuant to section 117(2) of the *Family Law Act 1975*. The court ordered the wife to pay the husband's costs totalling $218,332.88, encompassing the substantive proceedings, a costs application, a stay application, an application to preserve funds, and the costs of perfecting the orders. These costs were to be paid initially from preserved funds, with any shortfall to be paid by the wife, and interest to accrue on any outstanding balance.