Ulrich and Ulrich

In *Ulrich & Ulrich*, the Family Court of Australia considered an application for costs made by the husband, Mr Ulrich, following final parenting and property orders. The wife, Ms Ulrich, was the respondent in the proceedings. The Independent Children’s Lawyer was represented by Victoria Legal Aid.

The primary legal issue before the Court was whether there were circumstances justifying an order for costs against the wife, pursuant to section 117(2) of the *Family Law Act 1975* (Cth). This required the Court to exercise its discretion, taking into account the matters set out in section 117(2A) of the Act.

Justice Dessau noted that while the husband was wholly successful in the parenting orders sought, the issues were complex and sensitive, and the wife's defence was significantly impacted by her ill-health. Regarding the property proceedings, which were a smaller component of the overall case, the Court found that while the wife had early opportunities to settle favourably, these occurred during a period of significant parenting complexity. Furthermore, the husband's subsequent settlement offers became less favourable to the wife. The Court was not satisfied that the proceedings were protracted by the wife's actions overall, attributing significant delays to court backlogs and therapeutic interventions.

Consequently, the Court dismissed the husband's application for costs, finding that it would not be a proper exercise of discretion to order costs against the wife, despite the husband's own significant legal expenses.