SCVG and Estate of KLD (deceased) (No 2)

This matter concerned an application for costs brought by the Wife against the Husband in the Federal Circuit and Family Court of Australia, presided over by Gill J. The costs application related to several interlocutory applications filed by the Husband in October 2017 and May 2018.

The central legal issue before the Court was whether the Wife should be awarded costs in relation to the Husband's interlocutory applications, or whether the determination of costs should be deferred until the final resolution of the Husband's substantive applications.

Gill J determined that it was appropriate to reserve the Wife's application for costs. This approach allows for a holistic consideration of the overall conduct of the parties and the merits of all applications, both interlocutory and substantive, at the final hearing. By reserving costs, the Court retains the flexibility to make a costs order that reflects the entirety of the proceedings and the ultimate outcome.

The Court ordered that the Wife's Application for Costs be reserved until the substantive hearing of the Husband’s applications.