Blue and Blue and Ors

In the matter of *Blue and Blue and Ors*, O'Reilly J of the Federal Circuit Court of Australia considered an application by the wife for the deferral of proceedings concerning the division of property under section 79 of the *Family Law Act 1975* (Cth). The husband and a number of other respondents were involved in the proceedings.

The primary legal issue before the Court was whether the wife's application for deferral of the section 79 proceedings should be granted. The Court was also required to determine whether it was reasonable for the parties to have engaged legal representation, including counsel and senior counsel, in relation to this deferral application, and to make orders regarding the costs of that application.

O'Reilly J dismissed the wife's application for deferral. The Court found that it was reasonable for the parties to have engaged legal representation, including counsel and senior counsel, for the purpose of arguing the deferral application. Consequently, the Court ordered that the wife pay the husband's and the second respondent's costs of and incidental to the application on a standard party and party basis, with payment to be made at the same time as the settlement of the section 79 proceedings. The wife was also ordered to pay the costs of the third to thirty-fifth respondents on the same basis, to be paid within 30 days of assessment or agreement. The matter was then listed for mention and further directions.