Wolter and Wolter (No 2)

The Full Court of the Family Court of Australia, constituted by Foster J, considered an application concerning costs in proceedings between a father and a mother. The dispute related to an application filed on 24 February 2015.

The primary legal issue before the court was the determination of costs. Specifically, the court was required to decide whether the father should be ordered to pay the mother's costs of and incidental to the application filed on 24 February 2015, and on what basis those costs should be assessed.

Foster J ordered that the father pay the mother’s costs of and incidental to the application filed on 24 February 2015 on a party/party basis. These costs are to be agreed between the parties within 21 days from the date of the order, or if agreement cannot be reached, they are to be assessed. Payment of the costs, whether by agreement or assessment, is to be made within 21 days of such agreement or assessment.