Claringbold and James (Costs)

In the matter of Claringbold and James, Bennett J of the Federal Circuit Court of Australia was required to determine applications relating to costs following proceedings initiated by the wife. The dispute concerned the allocation of responsibility for witness expenses and the quantum and basis of costs orders to be made between the parties.

The court was asked to determine the extent to which each party should bear the costs of the proceedings, including trial costs and other expenses. Specifically, the court needed to decide on the responsibility for the attendance costs of Senior Constable EA, the proportion of trial costs to be paid by the wife, and the percentage of the husband's other costs that the wife should contribute. The court also had to consider the appropriate basis for assessing the costs payable by the wife and the mechanism for their settlement.

Bennett J ordered that the husband be solely responsible for the witness expenses of Senior Constable EA, with a provision for reimbursement if already paid by the independent children’s lawyer. The wife was ordered to contribute 50% of the costs of the trial and 20% of the husband’s other costs in the proceedings initiated by her application. The wife was also ordered to pay the costs of the husband’s application for costs, with these costs to be assessed on a party/party basis. The orders further stipulated a process for costs settlement, including a costs settlement conference if agreement was not reached by a specified date, and provided for the continued effect of certain restraining orders pending payment of costs and other sums. The court also made directions regarding the distribution of funds from the wife's bankruptcy and the estate of her late father.