Koyroyshs & Koyroyshs (No. 2)

In *Koyroyshs & Koyroyshs (No. 2)*, Harper J of the Family Court of Australia considered an application by the mother for costs against the father concerning a specific interlocutory period. The dispute arose from the father's initial failure to disclose relevant information in support of his application, which caused unnecessary delay in the proceedings. The father had also made an unsuccessful application for the judge's recusal. The court noted that the father's financial circumstances were significantly greater than the mother's.

The primary legal issues before the court were whether the mother had established grounds for a costs order against the father for the period of 11 April to 19 July 2019, and if so, on what basis. The mother sought costs on an indemnity basis, while the father sought the dismissal of her costs application.

Harper J reasoned that the father's conduct, including the failure to disclose material facts and the subsequent delay, justified a costs order in favour of the mother. However, the court found that no exceptional circumstances were made out to warrant costs on an indemnity or solicitor-client basis. Consequently, the court ordered the father to pay the mother's costs for the specified period in a fixed amount. The mother's separate Application in a Case filed on 2 September 2020 was otherwise dismissed.