Tom Curran

Following a family law trial with divided success, both parties sought costs.

The applicant sought full indemnity costs of $52,218.97, while the respondent sought partial indemnity costs of $11,111.11.

Both parties alleged bad faith against the other.

The court reviewed the offers to settle and the behaviour of the parties, noting that the applicant had unilaterally removed the child and the respondent had sold the matrimonial home without consent.

Given the divided success and the poor behaviour of both parties, the court made no order as to costs.

The Applicant sought custody, access, spousal and child support, equalization of net family property, and permission to travel internationally with the child without the Respondent's consent.

The Respondent sought custody, no equalization, and restrictions on the child's travel documents.

The court granted joint custody with the Applicant having primary residence and final decision-making authority in case of disagreement.

Unilateral international travel for either parent was denied due to Iraq not being a Hague Convention signatory.

The court ordered child and spousal support, and an equalization payment to the Applicant, including a deferred maher payment, but applied an unequal division of net family property due to the short cohabitation period.