Davalos & Anor and Davalos

In the matter of *Davalos & Anor and Davalos*, Johnston J of the Supreme Court of Western Australia was required to determine issues relating to costs following earlier proceedings between the parties. The proceedings involved a husband and two other parties, Mr A Davalos and Ms B Davalos.

The primary legal issues before the Court concerned the quantum and basis of costs to be awarded to Mr A Davalos and Ms B Davalos, arising from specific applications made by the husband. The Court was asked to consider whether costs should be awarded on a party/party or indemnity basis, and to specify the period for which costs were to be paid.

Johnston J ordered that the husband pay the costs of Mr A Davalos incurred in proceedings commenced by the husband's amended initiating application filed on 7 November 2013, specifically those costs incurred from the rising of the Court on 5 February 2014 until 2 September 2016, on a party/party basis. Furthermore, the husband was ordered to pay the costs of Ms B Davalos, arising from an application filed on 25 February 2014, on an indemnity basis. The Court also certified for Senior Counsel in relation to the hearing. The costs for the preparation and presentation of the costs proceedings themselves were reserved, with any applications to be filed within 28 days.