Markoska & Markoska and Anor

In the matter of *Markoska & Markoska and Anor*, Murphy J of the Federal Circuit Court of Australia considered an application by a third party solicitors' firm for costs. The proceedings involved a dispute between a husband and wife concerning property settlement under section 79 of the *Family Law Act 1975* (Cth).

The primary legal issues before the court were whether the third party solicitors' firm should be awarded costs against the wife pursuant to rule 15.23(3) of the *Family Law Rules 2004* or section 117(2) of the *Family Law Act 1975*, and the allocation of costs between the husband and wife.

Murphy J dismissed the application by the third party solicitors' firm, ordering that each party bear their own costs in relation to that application. The court also made orders regarding the costs of the husband and wife, reserving the husband's costs to the trial judge hearing the section 79 proceedings and ordering the wife to pay the costs of the second respondent from a specified date, with the quantum to be agreed or assessed before certain procedural milestones in the property settlement proceedings.