PORTO & PORTO

In *Porto & Porto*, Dessau J of the Family Court of Australia considered an application for costs following family law proceedings. The dispute concerned the allocation of costs between the parties, with specific reference to various prior orders and a substantial hearing.

The central legal issues before the court were the exercise of its discretion regarding costs, and the circumstances that would justify making a costs order in favour of one party against the other. This involved assessing the conduct of the parties during the litigation and the overall merits of their respective positions.

Dessau J applied the principles governing the court's broad discretion in making costs orders in family law matters, which generally follow the "no order as to costs" rule unless specific circumstances warrant a departure. The court considered the history of the proceedings, the conduct of the parties, and the outcome of the hearing to determine whether an order for costs, and on what basis (party/party or indemnity), was appropriate. The court ultimately made orders for costs to be paid by each party to the other, with a provision for off-setting these amounts and for the payment of interest on any outstanding sums.