McMillan & McMillan

The case involved an appeal by the husband against two decisions of the Family Court of Australia, which were subsequently dismissed by the Full Court of the Family Court of Australia. The wife had filed for property settlement, and the husband sought to appeal against the decisions of the primary judge. The primary judge had ordered the husband to pay the wife’s costs of the proceedings in the Family Court and the Full Court. The husband appealed the orders for costs, arguing that they were excessive and should not be paid.

The court considered the husband's appeal, which focused on the amount of costs ordered to be paid by the husband to the wife. The court was required to determine whether the orders for costs were appropriate, and if not, whether the amount should be reduced. The court noted that the husband had not provided any evidence to support his claim that the costs were excessive. The court also considered the nature of the appeal, which was unsuccessful, and the conduct of the husband during the proceedings. The court found that the orders for costs were reasonable and appropriate, and that the husband should pay the wife's costs of and incidental to both Applications in an Appeal.

The court dismissed the husband's appeal, finding that the orders for costs were appropriate and that the husband should pay the wife's costs. The court ordered that the husband pay the wife's costs of and incidental to both Applications in an Appeal in an amount to be agreed between the parties in writing or, failing agreement, as assessed. The court also ordered that the costs be paid within sixty days of the date of any such assessment or agreement. The form of the order was subject to the entry of the order in the Court's records.