Kite and Kite (Costs)

In *Kite and Kite (Costs)*, Coleman J of the Family Court of Australia considered an application for costs following property proceedings between the parties. The wife sought to resist an order for costs against her, arguing that her conduct in the proceedings did not warrant such an order.

The primary legal issue before the court was whether the wife's conduct, specifically an alleged failure to fully and frankly disclose relevant financial matters, justified an order for costs to be made against her. The court also had to consider the overall outcome of the substantive property proceedings in determining the appropriate costs order.

Coleman J reasoned that the wife's conduct had already been taken into account to her detriment in the substantive judgment. Furthermore, the outcome of the property proceedings was such that neither party achieved a complete victory, with each experiencing both success and failure. In light of these circumstances, the court concluded that an order for costs against the wife was not justified. Consequently, the court ordered that there be no order for costs.