Pera & Pera (No. 2)

In *Pera & Pera (No. 2)*, the Full Court of the Family Court of Australia considered an appeal by the wife concerning an order for costs made by Cronin J. The dispute before Cronin J involved property settlement proceedings between the parties, and the appeal specifically challenged the costs order.

The primary legal issue before the Full Court was whether Cronin J had erred in law in making the costs order against the wife. This involved an examination of the principles governing the award of costs in family law proceedings, particularly in circumstances where a party has been unsuccessful in certain aspects of the litigation.

The Full Court found that Cronin J had not erred in law. The reasoning applied was that the wife had been unsuccessful in a significant aspect of the proceedings, namely her claim for a greater share of the property. In such circumstances, it was open to the judge to make a costs order reflecting that lack of success, and the order made was within the proper exercise of discretion. The court affirmed that costs orders in family law are discretionary and are generally awarded to reflect the outcome of the litigation and the conduct of the parties.

Consequently, the Full Court dismissed the wife's appeal and upheld the costs order made by Cronin J. The wife was ordered to pay the husband's costs in the sum of $6,632, with payment due by 4:00 pm on 31 October 2007.