Watson and Watson (No 2)

In *Watson and Watson (No 2)*, Johns J of the Family Court of Australia considered an application for costs made by the wife, who sought that the husband pay her costs. The husband, in turn, sought that any costs order be made on a party/party basis. The dispute arose in the context of family law proceedings.

The central legal issue before the court was whether the circumstances justified the making of a costs order against the husband, and if so, on what basis. Specifically, the court had to consider the wife's success in an interim application and the husband's conduct in the proceedings. The court was required to exercise its discretion regarding the making and nature of any costs order.

Johns J reasoned that the wife had been wholly successful in her interim application. Furthermore, the husband's conduct strongly favoured the making of a costs order. Applying these considerations to the court's broad discretion in matters of costs, the court determined that an order for the husband to pay the wife's costs was appropriate.

Consequently, the court ordered that the husband pay the wife's costs of and incidental to her application filed on 17 February 2014 and the husband's response filed on 27 March 2014. In the event that the parties could not agree on the quantum of these costs, the order stipulated that the costs were to be assessed on a party/party basis.