Wooltan and Balikesir

This matter concerned an application by a former solicitor seeking costs from his former client, the Husband, in proceedings before O'Ryan J of the Family Court of Australia. The dispute arose from an application made by the Husband against his solicitor for an indemnity regarding costs awarded against him in earlier proceedings. The solicitor sought payment of $11,971.30 for his costs.

The primary legal issue before the Court was whether there were circumstances justifying an order for costs against the Husband, pursuant to section 117(2) of the *Family Law Act 1975* (Cth). This required the Court to consider the various factors outlined in section 117(2A), including the conduct of the parties, the success of the parties in the proceedings, and any offers of compromise. The Court also had to determine the quantum of the costs to be awarded.

O'Ryan J reasoned that the Husband's application against his solicitor had been wholly unsuccessful. Furthermore, the Court noted that the solicitor had made a reasonable offer of compromise on 1 September 2006, which the Husband failed to accept. This failure, coupled with the Husband's lack of success, constituted circumstances justifying an order for costs. The Court applied the principles that the discretion to award costs is broad and that any factor in section 117(2A) can be the sole foundation for an order.

The Court ordered that the Husband pay the costs of his former solicitor, both in relation to the costs proceedings and the earlier proceedings determined on 4 December 2006. These costs were to be agreed between the parties within 21 days, or failing agreement, taxed by a Registrar of the Family Court.