WAKELEY & WAKELEY (No.2)

In the matter of *Wakeley & Wakeley (No.2)*, Judge Morley of the Family Court of Australia considered an application by the husband for costs against the wife. The dispute arose in the context of family law proceedings where the husband had made an offer of settlement which the wife did not accept.

The central legal issue before the court was whether there were any circumstances that would justify making a costs order against the wife, despite the husband's offer of settlement not being accepted. The court was required to assess the conduct of the parties throughout the proceedings to determine if a departure from the usual rule that each party bears their own costs was warranted.

Judge Morley reasoned that while the husband had made an offer of settlement, the wife's non-acceptance did not automatically lead to a costs order in his favour. The court found no failure by the wife to comply with previous orders and noted that the husband's own conduct, including late disclosure, did not support his claim for costs. Consequently, the court determined that there were no circumstances justifying an order for costs against the wife.

The court ordered that the husband's Amended Application in a case filed 5 March 2019 be dismissed. Furthermore, in relation to the substantive proceedings and the husband's application for costs, the court ordered that each party shall bear his and her own costs.