Tiernan & Tiernan

In *Tiernan & Tiernan*, the Family Court of Australia considered an application for costs made by the respondent husband against the applicant wife. The dispute concerned property settlement proceedings.

The primary legal issue before the court was whether there were circumstances justifying an order for costs against the wife, notwithstanding the general rule that costs follow the event in family law matters. The court was required to assess the conduct of the parties during the litigation and determine if any specific actions warranted a departure from the usual cost principles.

Justice Mushin noted that while the general rule in family law is that each party bears their own costs, this rule can be departed from where there are circumstances justifying an order for costs. His Honour considered the wife's conduct in the proceedings, including her failure to comply with court orders and her unreasonable approach to settlement negotiations. These factors, in the context of the overall litigation, were found to constitute circumstances justifying an order for costs against the wife.

The court ordered that the wife pay the husband's costs of the proceedings, to be assessed on an indemnity basis.