KUNTI & KOHL

In the matter of Kunti & Kohl, Foster J of the Family Court of Australia considered an application for the transfer of proceedings and an application for costs. The dispute involved a husband who had raised an objection to the Court's jurisdiction, an application which he subsequently withdrew during the hearing. The wife had travelled from India to attend the hearing for the purpose of being cross-examined by the husband.

The primary legal issues before the Court were whether the proceedings should be transferred from the Family Court of Australia to the Federal Circuit Court of Australia, and whether the husband should be ordered to pay the wife's costs, particularly in light of his withdrawn jurisdictional objection and the wife's travel expenses. The Court was required to consider the application of section 117 of the *Family Law Act 1975* (Cth) in relation to the costs order.

Foster J reasoned that the proceedings were appropriate for transfer to the Federal Circuit Court, ordering that the matter be listed before a judge in a duty list. Regarding costs, the Court found that the husband should bear the costs of and incidental to his application filed on 10 December 2015, given its withdrawal at the hearing. Furthermore, the Court ordered the husband to pay the wife's costs incurred in travelling to Australia for the hearing, specifically awarding a sum of $1500 for these expenses.