Bergman and Bergman and Ors (No 3)

In *Bergman and Bergman and Ors (No 3)*, Young J of the Family Court of Australia considered an application for costs following proceedings related to applications filed on 20 April 2007, 11 July 2007, 22 May 2008, and 29 September 2009. The dispute concerned the costs associated with these applications and related proceedings.

The primary legal issue before the Court was the basis upon which costs should be awarded, specifically whether costs should be assessed on a party and party basis or a more generous lawyer and client basis. The Court was also required to determine the extent of the costs to be awarded and to make consequential orders regarding the discharge of the applications and the referral of the costs assessment.

Young J ordered that the Case Guardian on behalf of the husband pay to the solicitors for the Fourth Party, Mr Porter, costs assessed on a lawyer and client basis for and incidental to the proceedings determined by the Court pursuant to the applications filed on 20 April 2007, 11 July 2007, 22 May 2008, and 29 September 2009, together with related proceedings. The Court further ordered that these applications be otherwise discharged. The assessment of these lawyer and client costs was referred to Registrar Sikiotis or another responsible Registrar for determination. The Court also certified that the matter reasonably required the attendance of Counsel for each of the parties.