D’Cruz and Pierce and Ors (No 2)

This matter concerned an application for costs following interlocutory hearings and further mentions before Dessau J in the Family Court of Australia. The parties involved were the wife, the Respondent husband, the Second Respondent, and the Fifth Respondent.

The primary legal issue before Young J was the basis upon which the wife's costs and disbursements related to specific interlocutory hearings and mentions should be calculated and paid. The court was required to determine whether these costs should be awarded on an ordinary or indemnity basis, and how the quantum of those costs should be apportioned amongst the respondents.

Young J ordered that the wife's costs and disbursements be calculated and paid on an indemnity basis. The court further ordered that the quantum of these costs be apportioned, with the Respondent husband to pay 42.5%, the Second Respondent 42.5%, and the Fifth Respondent 15%. The parties were directed to confer within ninety days to agree on the quantum of costs, with provisions for assessment by a Registrar of the Family Court if agreement was not reached. Interest on default of payment was to apply after a further sixty days following agreement or assessment, calculated at the rate prescribed by Family Law Rule 17.03. Liberty to apply was reserved, and any extant applications concerning issues concluded by this costs judgment were dismissed.