In Marcos & Serina (No 2) [2024] FedCFamC2F 373, the Federal Circuit and Family Court of Australia (Division 2) dealt with a costs application following a property settlement dispute between a de facto husband and wife. Mr. Serina, the applicant, had sought costs after being largely successful in the property proceedings, wherein Ms. Marcos' application for property settlement was dismissed. Despite Mr. Serina's claim that the disparity in financial circumstances between the parties should count in his favor, Judge O'Shannessy dismissed his application for costs. The ruling considered several factors, including the parties' financial circumstances, conduct during proceedings, and whether either party was wholly unsuccessful. Significantly, the judge noted that although the written offer was made by Mr. Serina, accepting it would have been wiser for Ms. Marcos, it was not substantial given their financial situations at the time. Ultimately, the decision emphasized the principle of each party bearing their own costs, highlighting the substantial financial disparity between them and the impact of the proceedings on Ms. Marcos' financial stability.
From the TLDR Caselaw Archive