HUMPHREY & HUMPHREY

In the matter of *Humphrey & Humphrey*, Judge Scarlett of the Family Court of Australia considered an application for costs following the dismissal of a contravention application. The Applicant had failed to appear at the final hearing of their application alleging contravention of parenting orders, leading to the dismissal of the application. The Respondent, who had legal aid, sought costs.

The central legal issue before the Court was whether the Applicant should be ordered to pay the Respondent's costs, given the Applicant's non-appearance and the dismissal of the contravention application. The Court was required to determine the appropriate costs order in circumstances where the Applicant had not pursued their case to a final hearing.

Judge Scarlett reasoned that the Applicant's failure to attend the final hearing resulted in the dismissal of their application. In such circumstances, it was appropriate to consider an award of costs in favour of the Respondent, who had attended and was legally represented. The Court fixed the Respondent's costs at $1,595.00.

The Applicant was ordered to pay the Respondent's costs fixed in the amount of $1,595.00 within three months of the date of the order.