Marlowe-Dawson & Dawson (Costs)

In *Marlowe-Dawson & Dawson (Costs)*, Kent J of the Family Court of Australia considered an application by the Wife, which was subsequently dismissed. The core of the matter concerned the costs associated with this dismissed application.

The primary legal issue before the court was the appropriate order for costs following the dismissal of the Wife's application. This required the court to determine whether the Wife should be ordered to pay the Husband's costs and, if so, on what basis.

Kent J ordered that the Wife's application be dismissed. In relation to costs, His Honour ordered that the Wife pay the Husband's costs of and incidental to that application. These costs were to be agreed between the parties, or failing agreement, to be assessed on a party and party basis.