Withers and Withers (Costs)

In *Withers and Withers (Costs)*, Forrest J of the Family Court of Australia was required to determine an application for costs in property adjustment proceedings between a husband and wife.

The central legal issue before the Court was the appropriate order for costs following the conclusion of the property adjustment proceedings. Specifically, the Court had to decide whether to order one party to pay the other's costs and, if so, on what basis and for what period.

Forrest J ordered that the husband pay the wife's costs of and incidental to the property adjustment proceedings. These costs were to be calculated from 13 October 2011 until the conclusion of the trial, and were to be assessed on a party and party basis. In the event the parties could not agree on the quantum of these costs, the matter was to be referred to a registrar for assessment in accordance with Chapter 19 of the *Family Law Rules 2004*.