Hodak & Hodak (No. 3)

This matter concerned an application for costs brought by the wife, Ms Hodak, against the husband, Mr Hodak, in the Federal Circuit and Family Court of Australia. The dispute arose from the wife's application to enforce final property orders and financial and child support agreements. The husband had filed a response that introduced new issues, and subsequent court proceedings resulted in orders largely in the wife's favour, with a prior costs order also made against the husband. The current proceedings specifically addressed the wife's application for costs related to the hearing on 12 October 2020.

The primary legal issue before Johns J was to determine the quantum of costs payable by the husband to the wife for the proceedings before the court on 12 October 2020, following the wife's application for costs. The court was required to consider the husband's failure to file a reply to the wife's submissions in support of her costs application.

Johns J reasoned that the husband had not filed any reply to the wife's submissions regarding costs. The court's previous orders on 24 November 2020 had directed that any party seeking costs must file written submissions within 14 days, and any response within 28 days. In accordance with these orders, the wife had filed her submissions on 8 December 2020. Given the husband's lack of response to these submissions, the court proceeded to make orders based on the wife's application. The court ordered that within 30 days, the husband pay the wife's costs of and incidental to the proceedings, fixed in the sum of $8,000.00, and that all extant applications be otherwise dismissed.