PABST & PABST (No.3)

In *Pabst & Pabst (No.3)*, Judge Burchardt of the Family Court of Australia considered an application for costs made by the wife against the husband. The dispute concerned the finalisation of financial matters following the breakdown of the parties' marriage.

The central legal issue before the court was whether the husband should be ordered to pay the wife's costs, and if so, the quantum of those costs. The court was required to assess the conduct of the parties in the litigation and determine if any such conduct warranted an order for indemnity costs or a significant contribution towards the wife's legal expenses.

Judge Burchardt reasoned that the husband's conduct throughout the proceedings had been unreasonable and had unnecessarily protracted the litigation, thereby increasing the wife's legal costs. The court applied the principles of cost orders in family law proceedings, which allow for costs to be awarded based on the conduct of the parties. Having found that the husband's conduct justified such an order, the court fixed the wife's costs at $60,000.