MOVILA & MACKEE

In *Movila & Mackee*, Baumann J of the Family Court of Australia considered an application for costs following the dismissal of the respondent husband's application concerning Australia being an inappropriate forum. The wife sought costs against the husband, arguing that his conduct warranted such an order.

The central legal issue before the court was whether the husband's unsuccessful pursuit of the forum issue justified a costs order under section 117 of the *Family Law Act 1975* (Cth), and if so, whether the circumstances warranted an order for costs on an indemnity basis.

Baumann J determined that the husband's conduct in pursuing the forum application, which was ultimately dismissed by consent, gave rise to a costs order under section 117. However, the court found that the conduct did not meet the threshold for an order for costs on an indemnity basis. The court ordered that the husband pay a contribution to the wife's costs in respect of the husband's response filed on 8 March 2019, relating to the forum issue, on a party and party basis between 8 March 2019 and 4 November 2019. Additionally, the husband was ordered to pay the costs of Senior Counsel to prepare for and appear on 8 November 2019.