Addison & Leahy

This matter concerned costs orders following proceedings between a husband and wife. The dispute involved objections to a subpoena issued by the husband to the wife's solicitors, Murray & Associates, and the broader property and children's proceedings. The court was Benjamin J of the Family Court of Australia.

The court was required to determine whether the subpoena issued by the husband to the wife's solicitors should be set aside, and to make orders regarding the costs of that subpoena application. Furthermore, the court needed to determine the allocation of costs for the property and children's proceedings, considering various prior orders and the conduct of the parties.

Benjamin J ordered that the subpoena to Murray & Associates be set aside and that the husband pay the wife's costs in relation to the objections to that subpoena, excluding costs for appearances before Benjamin J himself. The court also ordered that the husband pay 70 per cent of the wife's costs for the property and children's proceedings from 12 May 2004 to 13 January 2006, with specific exclusions for costs related to the subpoena, prior costs orders, and the Children's Representative. Each party was to bear their own costs for proceedings prior to 12 May 2004, and the husband was ordered to pay the wife's costs for the application for costs. The court extended time for the filing of Bills of Costs and removed the application from the list of cases requiring determination.