Bambury & Bambury (No 2)

In *Bambury & Bambury (No 2)*, Her Honour Judge C.E. Kirton QC of the Federal Circuit and Family Court of Australia considered an application by the Wife for costs against the Husband and Interveners following previous property proceedings. The Wife sought costs on a party-party, solicitor-client, or indemnity basis. The dispute centred on the conduct of the parties during the property proceedings and the subsequent costs applications.

The court was required to determine whether costs orders should be made against the Husband and the Interveners in favour of the Wife, and if so, on what basis: party-party, solicitor-client, or indemnity. Additionally, the court needed to consider whether the Wife should pay the Interveners' costs. The court also had to assess the quantum of any costs awarded.

Her Honour found that circumstances justified making costs orders against both the Husband and the Interveners in favour of the Wife, pursuant to section 117(2) of the *Family Law Act 1975* (Cth). The Husband's conduct, including deliberate obstruction, substantial non-compliance with orders, interference with property sale orders, and failure to provide full and frank disclosure, led to significant unnecessary costs for the Wife. While not egregious enough for an indemnity order, this conduct warranted a departure from the usual party-party basis to a solicitor-client basis. Similarly, the Interveners' conduct, relating to their joinder application and its impact on the Wife's ability to negotiate settlement, also justified a solicitor-client costs order against them. The court dismissed the Interveners' application for costs against the Wife.

The court ordered the Husband to pay 70% of the Wife's costs of the proceeding and the costs hearing on a solicitor-client basis, totalling $57,585.82 for the proceeding and $2,482.90 for the hearing. The Interveners were ordered to pay 30% of the Wife's costs of the proceeding and the costs hearing on a solicitor-client basis, totalling $29,279.64 for the proceeding and $1,064.10 for the hearing. The Husband was to pay his portion of the Wife's costs from the proceeds of a property sale. The Interveners' application for costs against the Wife was dismissed.