Jacob and Lawrence (No 2)

In *Jacob and Lawrence (No 2)*, Berman J considered applications for costs made by both the applicant and the respondent in family law proceedings. The dispute involved an application by the respondent for an order that the applicant pay the respondent's costs of the proceedings before Justice Macmillan, from their initiation to the delivery of judgment. Additionally, each party sought a costs certificate concerning a hearing that was aborted due to the disqualification of the presiding judicial officer.

The court was required to determine whether the circumstances justified making a costs order against the applicant in favour of the respondent for the proceedings before Justice Macmillan, considering the factors outlined in section 117(2A) of the relevant legislation. Furthermore, the court had to assess whether it was appropriate to grant costs certificates to each party for the costs incurred in relation to the aborted hearing date, pursuant to section 10(3) of the *Federal Proceedings (Costs) Act 1981* (Cth).

Berman J reasoned that the respondent was entitled to an order for costs in respect of the proceedings before Justice Macmillan, finding that the circumstances warranted such an order. Regarding the aborted hearing, the court was satisfied that it was appropriate to grant costs certificates to both the applicant and the respondent, acknowledging the unusual circumstances of the disqualification.

Consequently, the court ordered that the applicant pay the respondent's costs of and incidental to the proceedings before Justice Macmillan, from the initiation of the proceedings to the delivery of judgment, with the quantum to be agreed or taxed on a party-party basis. The court also granted costs certificates to both the applicant and the respondent pursuant to section 10(3) of the *Federal Proceedings (Costs) Act 1981* (Cth) for the costs incurred in relation to the aborted hearing date.