MOORE & MOORE

In the matter of MOORE & MOORE, Strickland J of the Family Court of Australia considered an application concerning costs. The proceedings involved a wife and a husband, with the wife having commenced proceedings on 18 December 2006 in ADF 4732 of 1998.

The central legal issue before the court was the determination of the costs associated with the proceedings initiated by the wife. Specifically, the court was required to decide who should bear the costs and on what basis those costs should be assessed.

Strickland J ordered that the wife was to pay the husband’s costs of and incidental to the proceedings. These costs were to be agreed between the parties, and in the event of a failure to reach an agreement, the costs were to be taxed by the Registrar.