SOMERS & SOMERS (No.2)

In *Somers & Somers (No.2)*, Judge Scarlett of the Federal Circuit and Family Court of Australia considered an application for the enforcement of a child support agreement and an associated application for costs. The dispute concerned the respondent's alleged failure to comply with the terms of the agreement.

The primary legal issue before the court was whether the respondent had breached the child support agreement, thereby necessitating enforcement action. A secondary issue arose regarding the entitlement to and quantum of costs, specifically whether the applicant had been wholly unsuccessful in her applications and whether the parties' financial circumstances warranted any deviation from the usual costs order.

Judge Scarlett found that the respondent had indeed failed to comply with the child support agreement. In relation to costs, the court determined that the applicant had not been wholly unsuccessful, and therefore, an order for costs was appropriate. The court considered the financial circumstances of both parties in fixing the quantum of the costs awarded.

The court ordered that the respondent pay the applicant's costs, fixed at $6,480.13, with one month allowed for payment.