SELWOOD & SELWOOD

In *Selwood & Selwood*, the Family Court of Australia considered an application by the husband for costs against the wife. The dispute arose from the husband's application to the Federal Magistrates Court, later transferred to the Family Court, concerning property settlement. The parties ultimately resolved their matters by consent, with orders made reflecting some of the wife's initial claims.

The primary legal issue before the court was whether to grant the husband's application for costs, and if so, to what extent. This required the court to consider the factors outlined in section 117(2A) of the *Family Law Act 1975* (Cth), including the financial circumstances of the parties, the conduct of the parties in relation to the proceedings, and whether any party was wholly unsuccessful.

Justice Burr reasoned that both parties had the financial capacity to meet costs orders, as they were each to receive $75,000 from the sale of a property. The court found that the husband's application was necessary to secure the orders made, particularly regarding the sale of the property, as the wife had initially refused the husband's proposal for its sale. While acknowledging that the wife was not wholly unsuccessful, as some of her claims were reflected in the consent orders, the court determined that the husband was wholly successful in his application for the sale of the property. Consequently, the court ordered the wife to pay 75 per cent of the husband's costs.