St Claire & St Claire (No 3)

In *St Claire & St Claire (No 3)*, the Family Court of Australia considered an application by the respondent wife for an order that the applicant husband pay her legal costs of the proceedings. The dispute concerned the division of property following the breakdown of the marriage.

The primary legal issue before the court was whether the respondent was entitled to an order for her costs, and if so, on what basis. This involved an assessment of the conduct of the parties during the litigation and whether any party had acted unreasonably, thereby justifying a costs order against them.

Cronin J noted that costs orders in family law proceedings are discretionary and are typically made on the "loser pays" principle, but that the court must also consider the conduct of the parties. His Honour reviewed the history of the proceedings and the conduct of both parties, particularly in relation to settlement offers and the progression of the litigation. The court found that the husband's conduct had been unreasonable in certain respects, including his failure to engage in settlement discussions in good faith and his pursuit of certain arguments that were ultimately unsuccessful.

Consequently, the court ordered the husband to pay a portion of the wife's legal costs, reflecting the unreasonable conduct identified.