KIDD & KIDD

In the matter of *Kidd & Kidd*, Judge Scarlett of the Family Court of Australia considered an application for costs following interlocutory proceedings. The dispute concerned the allocation of costs arising from several applications filed by the parties.

The primary legal issue before the Court was whether there were circumstances justifying an order as to costs pursuant to section 117(2) of the *Family Law Act 1975* (Cth), and if so, how those costs should be assessed, taking into account the matters set out in section 117(2A). The Court also addressed the procedural point that an applicant does not require leave to seek costs in interlocutory proceedings.

Judge Scarlett determined that while parties generally bear their own costs in family law matters, specific circumstances can warrant a costs order. The Court considered the conduct of the parties and the offers made in settlement. In relation to the Application in a Case filed on 13 June 2013 and the Application in a Case filed on 13 August 2013, the Court found no special circumstances and ordered that each party bear their own costs. However, for the Application in a Case filed on 20 September 2013, the Court found that the wife should pay the husband's costs, which were fixed at $2,494.00. Similarly, for the current application for costs, the wife was ordered to pay the husband's costs, fixed at $1,500.00. The wife was granted six months to satisfy these costs orders.