Klumper & Klumper (Costs a** parenting)

In *Klumper & Klumper*, the Family Court of Australia considered an application for costs in parenting proceedings. The dispute concerned the appropriate orders for the children, and following the final hearing, the applicant sought costs against the respondent.

The central legal issue before the Court was whether the respondent should be ordered to pay the applicant's costs, either in full or in part. This required the Court to consider the principles governing costs in family law matters, particularly in light of the respondent's conduct during the proceedings.

Justice Cronin noted that costs orders in family law are discretionary and are not awarded as of right. The Court applied the principles established in *Harris v Harris* and *Re G* (which concerned costs in family law proceedings), considering factors such as the reasonableness of the parties' conduct, the extent to which a party has been successful, and whether any party has engaged in vexatious or unreasonable litigation. His Honour found that the respondent's conduct throughout the proceedings had been unreasonable and had unnecessarily protracted the litigation, thereby increasing the costs incurred by the applicant.

Consequently, the Court ordered the respondent to pay the applicant's costs on an indemnity basis, reflecting the unreasonable conduct that had necessitated the litigation.