Cullen & Cullen (No 2)

This matter concerned an application by the mother, Ms Cullen, for costs against the father, Mr Cullen, in relation to the production of documents and oral evidence from three medical practitioners, Dr G, Dr F, and Dr D, in substantive parenting proceedings before Forrest J of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was the extent to which the father should be ordered to contribute to the costs incurred by the mother in obtaining the evidence of these medical practitioners. Specifically, the Court was required to determine the quantum of costs, if any, that the father should be ordered to pay to the mother.

Forrest J reasoned that the father should bear half of the costs associated with the medical practitioners' production of documents and their attendance to give oral evidence. The Court calculated this amount to be $2,078.87, representing half of the conduct money and witness expenses paid to the doctors. The Court dismissed the mother's application for costs in excess of this amount.

The Court ordered that if the father had not already paid half of the costs of Dr G, Dr F, and Dr D, he was to pay the mother the sum of $2,078.87 within two calendar months of the date of the order.