GARRETT & DICKINSON (No.2)

In the matter of *Garrett & Dickinson (No.2)*, the applicant sought leave to proceed out of time under section 44(6) of the relevant Act. The respondent subsequently applied for an order that the applicant pay her costs of these proceedings. The proceedings were heard by Judge Bender.

The primary legal issue before the court was whether the respondent should be awarded her costs of the application for leave to proceed out of time, which had been dismissed. This required the court to consider the principles governing cost orders in family law proceedings, specifically under section 117(2) of the *Family Law Act 1975* (Cth).

Judge Bender dismissed the respondent's application for costs. The court determined that, in the circumstances of the case, it was appropriate for each party to bear their own costs. The specific reasons for this decision are not detailed in the provided text, but the outcome reflects the court's discretion in awarding costs.