Walker and Morton (No 2)

In *Walker and Morton (No 2)*, Rees J of the Family Court of Australia considered an application for costs following a trial concerning property settlement. The proceedings involved a husband and wife, and the dispute revolved around the allocation of legal costs incurred during the trial.

The primary legal issue before the court was whether the husband should be ordered to pay a portion of the wife's costs of the proceedings from a specific date until the conclusion of the trial. This required the court to consider the conduct of the parties during the litigation and whether any such conduct warranted a departure from the usual rule that each party bears their own costs.

Rees J determined that the husband should contribute to the wife's costs. The reasoning for this decision, though not fully detailed in the provided text, implies that the court found grounds to award costs against the husband based on the parties' conduct during the trial. The court applied principles relating to the exercise of discretion in awarding costs in family law proceedings, likely considering factors such as unreasonable behaviour or a failure to achieve a better outcome.

Consequently, the court ordered that the husband pay one half of the wife’s costs of the proceedings from 6 March 2013 to the conclusion of the trial, with payment to be made within 30 days of assessment or agreement.