Sofous and Cethenes and Ors (No 2)

In *Sofous & Cethenes and Ors (No. 2)*, the Family Court of Australia considered an application for costs following property settlement orders. The applicant, Mr Sofous, sought costs against the first respondent, Ms Cethenes, and the second and third respondents, Mr and Ms Cethenes Senior, who had unsuccessfully pursued a claim that Ms Cethenes held her interest in a property on trust for them.

The central legal issue before the Court was whether, in light of the unsuccessful trust claim and the conduct of the parties, an order for costs should be made against the respondents, and if so, on what basis and in what amount. The Court was required to consider the provisions of section 117 of the *Family Law Act 1975* (Cth), which governs costs in family law proceedings, and the various factors that might justify a departure from the general rule that parties bear their own costs.

Justice Murphy determined that the circumstances warranted an order for costs in favour of the applicant. The Court found that the trust claim pursued by the respondents was wholly unsuccessful. Furthermore, the applicant had made genuine and reasonable attempts to resolve the proceedings through settlement offers, which were not ultimately accepted. While acknowledging the financial and health circumstances of the respondents, the Court concluded that these did not preclude an order for costs, nor did they justify an order for indemnity costs. The Court ordered the first respondent to pay $5,000 towards the applicant's costs and the second and third respondents to pay $20,000 towards the applicant's costs.