McDermott and McDermott

The case of *McDermott and McDermott* concerned an application for costs made by the wife following proceedings in the Family Court of Australia. The husband was ordered to pay the wife's costs.

The primary legal issue before the court was the quantum and basis of the costs to be awarded to the wife.

Foster J ordered that the husband pay the wife's costs of and incidental to the proceedings, including the costs of the application for costs. These costs were to be assessed on a party/party basis. The parties were given one month to agree on the costs, failing which the costs would be assessed by the court.