Cresswell & Conroy (No 2)

In the matter of Cresswell & Conroy (No 2), the Federal Circuit and Family Court of Australia (Division 2) was tasked with deciding on the costs application filed by both the Independent Children's Lawyer (ICL) and the respondent, Mr Conroy. The applicant, Ms Cresswell, opposed any adverse costs order against her. The court had to determine whether there were circumstances justifying a costs order and if so, whether the order should be on a scale basis or an indemnity basis.

The court found that there were circumstances justifying a costs order against the applicant. The applicant's conduct during the proceedings, including non-disclosure of relevant financial matters, unreliability as a witness, and disregard for court orders, weighed heavily in favour of the Court exercising its discretion to make a costs order against her. However, the court did not find the circumstances to be exceptional enough to warrant an indemnity costs order.

The court assessed the costs on a scale basis and ordered that the applicant, Ms Cresswell, pay the respondent's solicitor's costs in the amount of $178,743, to be paid within 3 months. The court also found that there were circumstances justifying the making of a costs order in respect of the ICL's costs, and that the parties should bear such costs on an equal basis. Consequently, the applicant was ordered to pay the ICL's costs in the amount of $18,115, and the respondent was ordered to pay the ICL's costs in the amount of $16,465, such costs to be paid within 28 days.