Issa and Jabr (No 2)

In *Issa and Jabr (No 2)*, Berman J of the Federal Circuit and Family Court of Australia was required to determine an application for costs made by the wife. The husband had failed to comply with a previous order of the court, leading to the wife incurring costs in seeking to enforce that order.

The primary legal issue before the court was whether the wife should be awarded her costs of the application for costs, and if so, on what basis and in what amount. The court also considered the implications of the husband's non-compliance with the earlier order on the question of costs.

Berman J reasoned that the husband's failure to comply with the previous order was a significant factor in determining the costs application. The court applied the general principle that costs follow the event, particularly where a party's conduct necessitates further litigation. The court found that the wife had been successful in her application for costs due to the husband's non-compliance.

The court ordered that the husband pay the wife's costs fixed at $26,126 within 90 days, with interest to accrue on any outstanding amount from the date of default. The wife's application for costs was otherwise dismissed, indicating that this specific order addressed the costs of the enforcement application.