Reza and Sadir & Anor

In *Reza and Sadir & Anor*, Foster J of the Family Court of Australia considered an application for costs by the second respondent. The second respondent had been joined in the proceedings by the wife, who was ultimately unsuccessful in her claims against both the first respondent and the second respondent. The primary relief sought by the wife against the second respondent was in equity, pursued under the Court's accrued jurisdiction.

The legal issues before the Court were whether the wife should pay the second respondent's costs, and if so, on what basis. Specifically, the Court was required to consider the application of the *Civil Procedure Act 2005* (NSW) and the *Uniform Civil Procedure Rules 2005* (NSW) to the equitable claim, and the principles applicable to costs in relation to the wife's claim under section 106B of the *Family Law Act 1975* (Cth), which had been withdrawn and dismissed.

Foster J reasoned that given the wife's complete lack of success in her equitable claim against the second respondent, it was appropriate for the wife to pay the second respondent's costs on an indemnity basis. In relation to the section 106B proceedings and the present costs application, the Court determined that costs should be awarded on a party/party basis.

Consequently, the Court ordered that the wife pay the costs of the second respondent in relation to the equitable claim, to be assessed on an indemnity basis. The wife was also ordered to pay the second respondent's costs for the section 106B proceedings and the costs application on a party/party basis. These costs were to be agreed within one month or otherwise assessed.