Sanders and Sanders

In the matter of Sanders and Sanders, Justice Cohen of the Family Court of Australia considered an application for costs made orally by the husband against the wife.

The primary legal issue before the Court was whether to make an order for costs at that stage of the proceedings, given that the substantive property proceedings between the parties were yet to be determined.

Justice Cohen determined that it was appropriate to reserve the question of costs until the final determination of the property proceedings. This approach allows for a comprehensive assessment of the parties' conduct throughout the litigation and the overall merits of the case before any final cost orders are made.

Accordingly, the Court ordered that the matter be stood over to the judge who determines the property proceedings, and all costs were reserved.