GREENING & GREENING

In *Greening & Greening*, heard by Berman J, the applicant sought an order that each party bear their own costs, while the respondent sought an order that the applicant pay the respondent's costs on a party/party basis. The court considered the factors outlined in section 117(2A) of the *Family Law Act 1975* (Cth) in determining the appropriate cost orders.

The primary legal issue before the court was whether to depart from the usual rule that costs follow the event, and if so, on what basis costs should be ordered. This involved an assessment of the conduct of the parties and the overall circumstances of the proceedings in light of the statutory considerations.

Berman J reasoned that the applicant should bear the respondent's costs from a specified date, acknowledging the respondent's success in certain aspects of the litigation. The court ordered that the applicant pay the respondent's costs, including counsel fees, on a party/party basis from 16 August 2013, excluding costs related to the application for security of costs and the application for an injunction to restrain the husband from disposing of property. Additionally, the applicant was ordered to pay the respondent's disbursements in the sum of $7,618.99 within 120 days.