CAI & XUN

In the Family Court of Australia, the matter of CAI & XUN involved a dispute concerning family law proceedings. The wife attended court unrepresented, which prevented the proceedings from commencing as scheduled.

The court was required to determine whether the wife's solicitor should be held personally liable for the husband's wasted costs. This arose from the solicitor's failure to secure representation for the wife, leading to the proceedings being adjourned after the allocated time had expired.

Bennett J considered the circumstances surrounding the solicitor's conduct. The court applied principles relating to costs orders, particularly where a party's legal representative's actions or inactions cause significant disruption and expense to the other party. The court ordered that the wife's solicitor, Mr O’Brien, pay a contribution of $1,900 towards the husband's costs thrown away. The proceedings were adjourned to a later date, with specific directions for future appearances and compliance with previous orders.