WALDREN & WALDREN

In *Waldren & Waldren*, the wife and husband were parties to property settlement proceedings. Following an arbitration process, the husband sought an order for costs in the Family Court of Australia.

The central legal issue before the court was whether it possessed the jurisdiction to make a costs order in circumstances where the parties had initially resolved their property dispute through arbitration, and the award had subsequently been registered in the court. This also involved consideration of the court's general power to award costs and the specific provisions of section 117 of the *Family Law Act 1975* (Cth).

Judge Betts reasoned that the court retained jurisdiction to make costs orders even after an arbitration award was registered, particularly when one party sought such an order. The court applied the principles governing costs in family law proceedings, which generally allow for costs orders to be made where it is just and equitable to do so, considering the conduct of the parties and the overall circumstances. The court found that a costs order was warranted in this instance.

Consequently, the court ordered that the wife pay the husband's costs fixed at $17,141.00, with payment to be made within twenty-eight days, first from monies held by Bale Boshev Lawyers and any remainder from the wife's share of the sale of the former matrimonial home. The proceedings were also removed from the Active Pending Cases List.