Keach and Keach & Ors (Costs)

In the matter of *Keach and Keach & Ors (Costs)*, Strickland J of the Family Court of Australia considered two separate applications for costs. The first application was brought by a Trustee Company seeking costs against the wife, following the dismissal of her application against the company, and alternatively, seeking costs against the wife's father. The second application, also by the Trustee Company, sought a further costs order against the wife in relation to the production of documents pursuant to a subpoena, where an initial costs order of $600 had already been made and the question of ultimate responsibility adjourned.

The primary legal issues before the court were whether there were any circumstances justifying an order for costs against the wife in relation to the dismissed application, and whether there was any basis for an order for costs against the wife's father. In relation to the second application, the court considered whether it was appropriate to make a further costs order against the wife, given that no submissions were made in support of that application. The court also had regard to the provisions of the *Family Law Act 1975* (Cth), including sections 106B and 117.

Strickland J found no circumstances that justified an order for costs against the wife in relation to the first application, nor any basis for an order against her father. Consequently, that application was dismissed. For the second application, as no submissions were made in support, the court determined it was not appropriate to make a further costs order. The court therefore dismissed this application as well.

The orders made were that the applications filed by J Pty Ltd on 27 April 2011 and the wife's response filed on 30 May 2011 be dismissed. There were to be no further orders regarding the costs order made on 18 November 2008, and the said applications and response were to be removed from the active pending cases list.