REAGLE & ALTO

In the matter of REAGLE & ALTO, heard before Judge Morley, the dispute concerned an application for costs in parenting proceedings. The applicant, who was paying assessed child support, had been excluded from the parentage of the subject child during the proceedings. The respondent had expressed doubts about the applicant's paternity prior to the commencement of the proceedings, but the basis for these doubts was not communicated to the applicant until several months into the proceedings. The applicant subsequently consented to parentage testing.

The court was required to determine whether to make a costs order under section 143 of the *Child Support (Assessment) Act 1989* (Cth) and section 117 of the *Family Law Act 1975* (Cth). The applicant had consented to the section 143 costs close to the final hearing of the costs applications. The court also considered whether a party had prolonged the proceedings and, if so, whether it was appropriate to make a costs order. Finally, the court had to decide whether costs should be assessed on a party/party, indemnity, or 'special costs order' basis.

Judge Morley found it appropriate to make a costs order, determining that a special costs order was warranted. The court's reasoning, though not detailed in the provided text, led to the conclusion that the respondent's conduct, including the delayed communication of paternity doubts and the subsequent proceedings, justified a departure from standard cost assessments.

The court ordered that the respondent pay the applicant's costs of the proceedings fixed in the sum of $15,000.00, with payment to be made within 12 months.