Morad & Tulun (No. 2)

In *Morad & Tulun (No. 2)*, the Husband sought a costs order against the Wife in proceedings before Gill J of the Family Court of Australia. The Wife had been wholly unsuccessful in the proceedings.

The central legal issue before the Court was whether the Wife should be ordered to pay the Husband's costs, and if so, on what basis. Specifically, the Court considered whether indemnity costs were appropriate, or if costs should be awarded on a party/party basis.

His Honour determined that indemnity costs were not appropriate in this instance. Applying the principles governing costs in family law proceedings, the Court made an order that the Wife pay the Husband's costs of and incidental to the proceedings. These costs were to be assessed on a party/party basis, either by agreement between the parties or by determination of the Court.