Makaral and Makaral

In the matter of *Makaral and Makaral*, Foster J of the Federal Circuit Court of Australia was required to determine an application for costs. The specific nature of the underlying dispute between the parties, the wife and the husband, is not detailed in the provided text, but the application concerned the costs of and incidental to those proceedings, including the costs of the costs application itself.

The central legal issue before the Court was the determination of which party should bear the costs of the proceedings and on what basis. The Court was tasked with deciding whether to order one party to pay the other's costs and, if so, whether those costs should be assessed on a party/party basis or another basis.

Foster J ordered that the wife pay the husband’s costs of and incidental to the proceedings, including the costs of the costs application, on a party/party basis. These costs were to be agreed upon by the parties within one month from the date of the orders, or failing agreement, to be assessed by the Court.