Foley and Foley (Costs)

In *Foley and Foley (Costs)*, Benjamin J of the Family Court of Australia considered an application by the wife for costs orders against the husband following substantive proceedings. The wife sought costs on an indemnity basis, or alternatively, on a cascading basis including practitioner/client or party/party costs.

The primary legal issue before the court was the appropriate basis upon which the husband should be ordered to pay the wife's costs. This involved considering the wife's various applications for costs, including an application for costs in relation to the costs application itself, and the specific circumstances of the substantive proceedings that would inform the court's discretion. The court also had to consider the inclusion of barristers' cancellation fees within the costs assessment.

His Honour determined that the husband should pay a proportion of the wife's legal costs on a party/party basis. The court extended the time for making the costs application in respect of the parenting orders made on 21 December 2017 to 2 February 2018. Ultimately, the husband was ordered to pay the wife $359,712, representing a portion of her legal costs. The wife's application for costs in relation to the costs application was dismissed.