Gaber & Akhtar (No. 2)

In the matter of Gaber & Akhtar (No. 2), Foster J of the Family Court of Australia considered an application for costs made by the wife. The dispute arose from the husband's section 79A application, and the wife sought indemnity costs. A key issue was the husband's non-compliance with Rule 19.08(3) of the Family Law Rules 2004 (Cth).

The court was required to determine whether it was appropriate to order the husband to pay the wife's costs in a fixed sum, having regard to the applicable principles governing costs orders in family law proceedings, particularly in circumstances of non-compliance with procedural rules.

Foster J reasoned that the husband's non-compliance with Rule 19.08(3) was a significant factor. Applying the principles for awarding costs, the court determined that it was appropriate to make an order for the husband to pay the wife's costs. The court ordered the husband to pay the wife's costs of and incidental to his section 79A application in the fixed sum of $15,014, to be paid within one month.