Darue and Darue

In the matter of *Darue and Darue*, Justice Fowler of the Family Court of Australia considered an application concerning costs. The dispute arose from proceedings for the alteration of property interests between a husband and wife.

The primary legal issue before the Court was the appropriate order for costs, specifically in relation to the costs thrown away by reason of the matter not proceeding to a final hearing on the day fixed for its commencement. The Court was also required to determine whether the attendance of Senior Counsel was reasonably required for the matter.

Justice Fowler reasoned that the husband should bear the costs thrown away due to the adjournment, as the matter failed to proceed on the scheduled hearing date. The Court further found that the attendance of Senior Counsel was reasonably required for the proceedings, pursuant to rule 19.50 of the *Family Law Rules 2004*. The Court ordered that the husband pay the wife’s costs and disbursements on a party and party basis, to be paid within 28 days of the final hearing of the property proceedings.