Crowley and Pappas & Anor (Costs)

In *Crowley and Pappas & Anor (Costs)*, Benjamin J of the Family Court of Australia considered an application by Mr Crowley (the applicant) for orders that Mr Pappas (the first respondent) and the second respondent pay his costs of the proceedings. The applicant sought costs against the first respondent on a party/party basis and, alternatively, on an indemnity basis. The applicant also sought costs against the second respondent from the time it became involved in the proceedings.

The primary legal issues before the court were whether the first respondent should be ordered to pay the applicant's costs, and if so, whether those costs should be awarded on a party/party or indemnity basis. Additionally, the court was required to determine whether the second respondent should be ordered to pay the applicant's costs.

Benjamin J reasoned that the first respondent should pay the applicant's costs, but with a distinction in the basis of assessment. Costs up to 15 August 2012 were ordered to be paid on a party/party basis. However, from 16 August 2012 onwards, costs were to be paid on an indemnity basis, with the hourly rates to be determined by reference to the costs agreements and barrister's fees exhibited to the proceedings. This approach reflected a shift in the court's view of the conduct of the proceedings from that date. The application for costs against the second respondent was dismissed.

Consequently, the court ordered that Mr Pappas pay the applicant's costs of the proceedings, assessed as described above, including the costs of the costs application itself. The application against the second respondent was dismissed, and all outstanding applications in the case were also dismissed. The court certified that it was reasonable to engage counsel to attend the proceedings.