Carchar & Hbenum (No 2)

The parties in this matter were Carchar (the applicant) and Hbenum (the respondent). The dispute concerned the quantum of costs payable by the respondent to the applicant. The decision was made by Cronin J in the Family Court of Australia.

The primary legal issue before the court was to determine the quantum of costs to be paid by the respondent to the applicant, particularly in relation to specific periods of the litigation and the costs associated with a submission for costs. The court was also required to consider whether it was appropriate for the estate of the wife to be represented by counsel and an instructor at trial.

Cronin J reasoned that the respondent should pay the applicant's costs for the period from the appointment of the case guardian for the husband until the final hearing, as well as the costs incurred in respect of the submission for costs, unless an agreement was reached by a specified time. The court further certified that, given the circumstances, it was appropriate for the estate of the wife to have been represented by counsel and an instructor at trial.