O'Malley and O'Malley (No. 2)

In *O'Malley and O'Malley (No. 2)*, Brown J of the Family Court of Australia considered an application for costs following proceedings between a husband and wife. The dispute concerned the wife's applications relating to property orders and other interlocutory matters.

The court was required to determine the extent to which the husband should be ordered to pay the wife's costs. This involved considering costs associated with specific interlocutory applications filed by the wife on 22 November 2006 and 11 January 2008, as well as costs for particular hearing days. Furthermore, the court had to decide on a contribution from the husband towards the wife's costs for the final property applications, specifically in relation to preparation for trial and costs thrown away on a specific date.

Brown J ordered the husband to pay the wife's costs of and incidental to her form 2 application filed on 22 November 2006, up to and including 7 December 2006, and her form 2 application filed on 11 January 2008. The husband was also ordered to pay the costs of specific hearing days: 28 February 2007, 23 January 2008, and 31 January 2008. The quantum of these costs was to be agreed or assessed, and paid within four months. Additionally, the husband was ordered to pay $10,000 towards the wife's costs of the applications for final property orders, representing part of the costs of preparation for trial, and $3,700 for costs thrown away on 15 December 2008, also to be paid within four months.