Wileman and Churchill (No.4)

In *Wileman and Churchill (No.4)*, Judge Terry of the Federal Circuit Court of Australia considered an application for costs made by the mother in parenting proceedings. The father was the respondent to the proceedings and the mother was the applicant.

The primary legal issue before the court was whether the mother should be awarded costs against the father in relation to the parenting proceedings, and if so, on what basis and to what extent. The court also had to determine the costs of the separate application made by the mother for costs.

Judge Terry reasoned that while the mother had been successful in some aspects of the parenting proceedings, her overall conduct and the manner in which she pursued certain aspects of the case warranted a departure from the usual order that costs follow the event. The court noted that the mother had made significant claims that were not substantiated and had engaged in conduct that unnecessarily prolonged the proceedings. Consequently, the court ordered the father to pay a fixed sum of $20,000 towards the mother's costs of the parenting proceedings, reflecting a partial success and a consideration of the overall conduct of the parties.

Each party was ordered to bear their own costs of the costs application itself, and the mother's broader application for costs was otherwise dismissed.