HIKMAT & JARMAIN

In *Hikmat & Jarmain*, heard before Macmillan J, the dispute concerned an application for the enforcement of final parenting orders made by consent. The applicant sought costs on a party and party basis, arguing that the respondent's failure to comply with the existing orders necessitated the commencement of proceedings. The applicant also contended that the proceedings were initiated due to the respondent's refusal to accept settlement offers made prior to the formal application being filed.

The central legal issue before the court was whether the respondent should be ordered to pay the applicant's costs on a party and party basis, and if so, in what amount. This required the court to consider the factors relevant to cost orders under section 117(2A) of the *Family Law Act 1975* (Cth), particularly in the context of enforcing final parenting orders.

Macmillan J determined that the respondent should pay the applicant's costs. The reasoning appears to have been influenced by the respondent's non-compliance with the final orders and the failure to accept reasonable settlement offers, which led to the need for enforcement proceedings. The court ultimately ordered the respondent to pay the applicant's costs fixed at $9,251, with all other extant applications dismissed and the matter removed from the hearing list.