Hadaway and Hadaway

In *Hadaway and Hadaway*, Cleary J of the Family Court of Australia considered applications for costs made by both the husband and the wife. The dispute concerned the finalisation of costs orders following earlier proceedings between the parties.

The central legal issue before the court was whether to grant the husband leave to apply for costs out of time, and consequently, how to deal with the competing costs applications filed by both parties. The court was required to determine the appropriate orders to make regarding the costs of the proceedings.

Cleary J granted the husband leave to apply for costs out of time, indicating a willingness to consider his application despite the delay. However, the court ultimately dismissed both the wife's application for costs filed in December 2013 and the husband's application for costs filed in April 2014. The court then made no orders as to costs, meaning each party was to bear their own legal expenses.