Sullivan and Sullivan

In *Sullivan & Sullivan*, the Family Court of Australia considered an application for costs following an interlocutory hearing. The dispute arose from Mr. Sullivan's Initiating Application, which was ultimately unsuccessful. The wife, as respondent, sought costs, while the husband, in a subsequent application, sought costs from the wife.

The primary legal issue before the Court was the determination of whether to award costs to the wife and, if so, on what basis and in what quantum. This involved considering the financial circumstances of both parties, the conduct of the proceedings, and the fact that the husband had been wholly unsuccessful in his application, as provided for under section 117 of the *Family Law Act 1975* (Cth).

Justice Young applied section 117 of the *Family Law Act 1975* (Cth), noting that while parties generally bear their own costs, the Court may make such order as it considers just. The Court had regard to the financial circumstances of both parties, finding a significant discrepancy, with the husband in a substantially stronger financial position despite his stated high expenditure. The husband's unsuccessful application was a key factor. The Court determined that a party/party costs order was just, and rather than ordering taxation, fixed the costs at $12,000 to avoid further expense and delay for both parties. The husband was ordered to pay this sum within sixty days, with interest to accrue thereafter in default of payment.