Nixon & Dawkes

In the matter of *Nixon & Dawkes*, heard in the Federal Circuit and Family Court of Australia, Ms Nixon was the applicant and Mr Dawkes was the respondent. The dispute concerned applications made by Mr Dawkes under section 79A of the *Family Law Act 1975* (Cth) and applications by Ms Nixon for enforcement and summary dismissal.

The court was required to determine whether to dismiss Mr Dawkes' response to an application in a case and his amended response, and to consider the appropriate costs orders. The court also implicitly considered the merits of Ms Nixon's applications for enforcement and summary dismissal, and the husband's section 79A application.

Justice Lapthorn found that Mr Dawkes had been unsuccessful in his section 79A application, while Ms Nixon had been wholly successful in her applications for enforcement and summary dismissal. Despite Ms Nixon's meritorious arguments and her offer to forgo costs if Mr Dawkes discontinued his application, the court exercised its discretion to order that each party bear their own costs. This decision was made notwithstanding the wife's success, taking into account the husband's parlous financial position.

The court ordered that the Response to an Application in a Case filed 18 February 2021 and the Amended Response to an Application in a Case filed 18 April 2021 be dismissed. Furthermore, each party was ordered to bear their own costs.