Murray & Murray (No 6)

In *Murray & Murray (No 6)*, the Family Court of Australia considered an application for costs following proceedings between a husband and wife. The dispute centred on the wife's claim for a contribution towards valuation fees and a partial party/party costs order.

The primary legal issues before the court were whether the husband's asserted impecuniosity presented a barrier to a costs order, and what order for costs, if any, would be just and equitable under section 117(2A) of the *Family Law Act 1975* (Cth). The court also had to determine the appropriate proportion of the wife's legal costs and disbursements to be paid by the husband, and the extent of the husband's contribution to the valuation fees.

Watts J reasoned that the husband's financial circumstances, while relevant, did not preclude a costs order. Applying the principles of section 117(2A) of the *Family Law Act*, which requires consideration of all relevant factors including the parties' financial circumstances, the court found it just to make a partial party/party costs order. The court determined that the husband should pay 70% of the wife's legal costs and disbursements.

Consequently, the court ordered the husband to pay one half of the valuation fees directly to the wife, amounting to $32,064, at the same time as the payment of costs. The husband was also ordered to pay 70% of the wife's legal costs and other disbursements on a party/party basis, to be agreed or assessed, within 28 days of such agreement or assessment.