Fleming and Fleming

In *Fleming and Fleming*, heard by O'Reilly J, the dispute concerned the costs of property proceedings brought under section 79 of the *Family Law Act 1975* (Cth). The specific issue before the court was how the costs of these proceedings should be allocated and paid between the husband and wife.

The court was required to determine whether the husband should be ordered to pay the wife's costs, and if so, on what basis and from what source those costs should be satisfied. The husband had also made an application for his own costs in the proceedings.

O'Reilly J ordered that the husband pay the wife's costs of and incidental to the section 79 property proceedings on a standard basis. Crucially, the court directed that these costs, once assessed or agreed, were to be paid from the husband's share of the net proceeds of sale of the parties' properties at T and B. This payment was to be made before any funds were released to the husband from those proceeds. The husband's own application for costs was dismissed.