KALLEN & ALVIN (COSTS)

This matter concerned an application for costs made by the wife against the husband in proceedings before Forrest J. The specific nature of the underlying dispute between the parties is not detailed in the provided text, but it is clear that the wife had made an application on 24 February 2014, and the current proceedings relate to the costs associated with that application.

The primary legal issue before the Court was the determination of how the costs of the wife's application should be borne by the husband. The Court was required to decide whether these costs should be paid on a party and party basis and, if so, the mechanism for their assessment in the event of disagreement between the parties.

Forrest J ordered that the husband pay the wife’s costs of and incidental to her application filed on 24 February 2014 on a party and party basis. The Court stipulated that these costs were to be determined by agreement between the parties. In the absence of agreement, the costs were to be assessed by a registrar in accordance with Chapter 19 of the Family Law Rules 2004 (Cth). Further directions were provided for the filing and service of submissions regarding the costs of the costs application itself, should the parties be unable to agree on that matter within seven days.