Dudley and Ryecroft (No 3)

The proceeding concerned applications made by Dudley and Ryecroft (the parties) in the Federal Circuit and Family Court of Australia. The dispute related to the costs associated with certain interlocutory applications filed on 3 April 2020 and 23 April 2020, pending the final resolution of their competing substantive property adjustment applications.

The primary legal issue before Forrest J was how to deal with the costs of these interlocutory applications. The court was required to determine whether to make an immediate order for costs or to reserve the question of costs until the final determination of the substantive property proceedings between the parties.

Forrest J ordered that the costs of and incidental to the hearing and determination of the applications filed on 3 April 2020 and 23 April 2020 be reserved. This means that the question of who should bear these costs will be decided at a later stage, specifically upon the finalisation of the parties' competing substantive property adjustment applications.