Lenardi and Lenardi (No. 2)

The Family Court of Australia considered applications for costs between Mr Lenardi (husband) and Ms Lenardi (wife) following proceedings concerning both parenting and property matters. The husband sought an order that the wife pay his costs, while the wife sought dismissal of the husband's application and an order that the husband pay her costs, including previously reserved costs.

The court was required to determine whether to make a costs order and, if so, against which party and to what extent. This involved considering the provisions of section 117 of the *Family Law Act 1975* (Cth), which governs costs in family law proceedings, and specifically the factors outlined in section 117(2A). These factors include the financial circumstances of the parties, their conduct throughout the proceedings, whether any party was wholly unsuccessful, and any offers to settle.

Collier J noted that costs in parenting and property matters are treated similarly and that an order for costs does not require an exceptional case, but rather circumstances justifying such an order. The court considered the financial circumstances of both parties, observing that the wife had not provided detailed disclosure of her current financial position, despite criticising the husband's. The court found the wife to be in a superior financial position to the husband, both in terms of property and income, despite her payment of child support. The conduct of both parties was also criticised, with findings made against the wife being more significant than those against the husband. Given the wife's more favourable financial circumstances and the conduct of the parties, the court determined that a costs order was justified against the wife.

The court ordered that the wife pay the husband's costs. The parties were to agree in writing on the sum and payment terms within one month. If agreement could not be reached, the wife was to pay the husband 40% of his properly incurred costs and disbursements for the substantive hearing and the costs application, as taxed or assessed on a party/party basis. Payment was to be made within four months of the issue of a certificate of assessment, unless otherwise agreed.