DISHMAN & DISHMAN (No.3)

In the matter of DISHMAN & DISHMAN (No.3), Judge Harman of the Federal Circuit Court of Australia considered an application for costs. The dispute arose in the context of family law proceedings, where the husband had been unsuccessful in his applications. The wife sought an order for costs against the husband.

The primary legal issue before the court was whether to make an order for costs against the husband, and if so, on what basis and to what extent. This involved considering the financial circumstances of the parties and the conduct of the husband throughout the proceedings, particularly in light of his complete lack of success. The court also had to determine the appropriate quantum of costs and the method of payment.

Judge Harman reasoned that the husband's complete lack of success in his applications, coupled with his conduct in failing or refusing to execute necessary documents for the release of funds to the wife, warranted an order for costs. The court applied principles of due process and its inherent power to deal with costs applications. The court ordered the husband to pay the wife a sum of $35,000 as a contribution to her costs on a party-party basis, with a specified payment deadline. Failure to comply would result in interest accruing and the wife being entitled to commence recovery proceedings. The court also dismissed the husband's applications filed in November and December 2019, removed all issues from the list of cases awaiting hearing, and directed Registrars to sign necessary documents for the release of funds held in trust by the parties' solicitors.