Tilston & Tilston and Ors (No. 2)

In *Tilston & Tilston and Ors (No. 2)*, Carew J of the Family Court of Australia considered applications for costs following the finalisation of property proceedings between a husband and wife. The husband sought to recover costs from the wife in relation to the property proceedings. Additionally, the husband sought to recover costs from his son, who had brought a claim for damages for misleading and deceptive conduct or, in the alternative, breach of fiduciary duty, which claim had been dismissed.

The central legal issue before the court was whether the circumstances of the case warranted making a costs order against either the wife or the son in favour of the husband. This required the court to assess the conduct of the parties and the overall justice of the situation in determining whether to depart from the usual rule that parties bear their own costs.

Carew J reasoned that the specific circumstances of this case did not justify making a costs order against either the wife or the son. The court concluded that there were no grounds to depart from the general principle that each party should bear their own costs. Consequently, the court ordered that there be no order as to costs.