MacDougal and Benson and Anor

MacDougal and Benson and Anor concerned a dispute between a wife and husband regarding costs in family law proceedings. The wife sought to appeal an order made by the Federal Circuit Court, but the appeal was dismissed. The primary issue before Justice Macmillan was the wife's liability for the husband's costs.

The court was required to determine whether the wife should be ordered to pay the husband's costs, and if so, the quantum of those costs and the source from which they should be paid.

Justice Macmillan ordered that the wife pay the husband's costs, fixing the sum at $1200. Crucially, his Honour ordered that these costs were to be paid out of the wife's entitlements arising from the property settlement. The matter was otherwise listed for a further mention before Justice Macmillan.