NEELY & EZEL (No.3)

In the matter of *Neely & Ezel (No.3)*, Judge Harman of the Federal Circuit Court of Australia considered an application for costs brought by the applicant against the respondent. The dispute concerned the applicant's request for a contribution towards the costs incurred in preparing a report, with the court's consideration guided by section 117(2A) of the *Family Law Act 1975* (Cth).

The primary legal issue before the court was whether to grant the applicant leave to make an application for costs, specifically in relation to the attendance of a Mr A for the purpose of cross-examination. This application was to be considered under either rule 15.11 of the *Federal Circuit Court Rules 2001* (Cth) or section 117 of the *Family Law Act 1975* (Cth).

Judge Harman granted the applicant leave to make the application for costs concerning Mr A's attendance for cross-examination. However, despite granting leave to make the application, the court ultimately dismissed the costs application itself.