Maker & Jets (No 3)

Family Law Act 1975, the father may apply to the court to determine the quantum of the Costs and the Additional Costs.

The case before the Family Court involved a dispute between the mother and father of a child regarding child support and property settlement issues. The mother initiated proceedings on 4 August 2010, and the father subsequently filed an application for costs. The court was tasked with determining the costs to be borne by the mother and the father in relation to the proceedings. The primary legal issue was the apportionment of costs between the parties, particularly in light of the mother's application for costs made subsequent to the completion of the trial.

The court considered the relevant statutory provisions and case law in determining the appropriate allocation of costs. It was held that the mother should bear the majority of the costs, reflecting the outcome of the proceedings and the nature of the mother's application for costs. The court ordered that the mother must pay the father's costs of and incidental to the proceedings, as well as 80% of the father's costs of and incidental to the father's application for costs made subsequent to the completion of the trial. The court also provided a mechanism for the parties to agree upon the quantum of the costs, or for the father to apply to the court for a determination if the parties were unable to reach an agreement.