Kearney and Dreyfus (Costs)

In the matter of Kearney and Dreyfus (Costs), the applicant father, Mr Dreyfus, was ordered to pay the respondent mother, Ms Kearney, costs in the sum of $14,000.00 in relation to her Application in a Case filed on 20 December 2010.

The central legal issue before the Court was whether the circumstances of the case justified a departure from the general rule that costs follow the event, as stipulated by section 117(1) of the *Family Law Act 1975* (Cth). This required the Court to consider the conduct of the parties and the overall merits of the proceedings to determine the appropriate costs order.

Justice Ryan found that the father was wholly unsuccessful in the proceedings. This lack of success, in the context of the specific circumstances of the case, was deemed sufficient to warrant an order for the father to pay the mother's costs. The Court therefore ordered that the applicant father pay the respondent mother the sum of $14,000.00 for her costs, to be paid within 28 days.