Martyn and Martyn (No 2)

In *Martyn and Martyn (No 2)*, the father sought an order for costs following his application to set aside a binding child support assessment. While the father was successful in having the assessment set aside, he was unsuccessful in his application to set aside accumulated arrears of child support. The parties agreed that the determination of costs was to be governed by section 117 of the *Family Law Act 1975* (Cth).

The central legal issue before the court was whether the father had established circumstances justifying an order for costs in his favour, despite his partial success. This required the court to consider the overall conduct of the proceedings and the respective outcomes of the applications made by the father.

McClelland DCJ dismissed the father's application for costs. The court found that the father had not established sufficient grounds to warrant a costs order under section 117 of the *Family Law Act 1975*. The dismissal of the application for costs meant that each party would bear their own costs in relation to the proceedings.