NIKAHD & NIKAHD

The Honourable Ainslie-Wallace J of the Family Court of Australia considered an application for costs following interlocutory injunction proceedings initiated by the wife. The dispute concerned the wife's application for injunctions filed on 27 May 2010.

The central legal issue before the court was the determination of costs associated with the wife's application for injunctions. Specifically, the court was required to decide whether the wife should be ordered to pay the husband's costs and, if so, on what basis and when such payment should be made.

Her Honour ordered that the wife pay the husband's costs of and incidental to the application for injunctions on a party and party basis. The quantum of these costs was to be agreed between the parties or, failing agreement, taxed. The payment of the ordered costs was directed to abide the finalisation of the property matters between the parties, or as otherwise agreed.