Fontana and Fontana

In the matter of Fontana and Fontana, Foster J of the Federal Circuit Court of Australia considered an application for costs following property proceedings. The proceedings had been finalised by orders made on 19 May 2017.

The central legal issue before the court was the appropriate allocation of costs between the parties in light of the outcome of the property proceedings. Specifically, the court was required to determine whether an order for costs should be made against the husband in favour of the wife, and if so, to what extent.

Foster J reasoned that an order for costs was warranted against the husband. The court applied the general principle that costs follow the event, but also considered the specific circumstances of the case and the conduct of the parties during the litigation. While the precise reasons for the husband being ordered to pay costs are not detailed in the provided text, the decision indicates a departure from the usual rule that parties bear their own costs in family law matters.

Consequently, Foster J ordered that the husband pay 25 per cent of the wife’s costs of and incidental to the property proceedings. This payment was to be made within one month of the date of the order, or otherwise as assessed by the court.