XIA & WEI

McClelland J of the Federal Circuit Court of Australia considered an application for divorce between the husband and wife. The specific nature of the dispute leading to the application for divorce is not detailed, but the proceedings culminated in a decision regarding the divorce itself and the allocation of costs.

The primary legal issue before the court was whether the grounds for divorce had been established, thereby permitting the dissolution of the marriage. A secondary, but significant, issue concerned the appropriate order for costs, specifically in relation to the period after 7 May 2018.

McClelland J granted the husband's application for divorce, indicating that the legal requirements for dissolution had been met. In relation to costs, the court ordered that the wife pay the husband's costs on a party-party basis for the period subsequent to 7 May 2018. This order for costs was to be settled by agreement between the parties or, failing agreement, by taxation.