Dunwell and Dunwell and Ors (Indemnity Costs Against A Lawyer)

In the matter of *Dunwell and Dunwell and Ors*, Le Poer Trench J of the Family Court of Australia considered an application for indemnity costs against a lawyer. The dispute involved the husband's application for costs, with the wife and her solicitor, Mr Volker, being the respondents to that application.

The primary legal issue before the court was whether to grant the husband's application for indemnity costs against the wife and Mr Volker. This involved determining whether the conduct of the wife and Mr Volker warranted such an order, which is a departure from the usual order for costs on a party-and-party basis.

Le Poer Trench J found that the conduct of the wife and Mr Volker justified an order for indemnity costs. The court reasoned that their actions had led to significant duplication of work and unnecessary expense for the husband. Specifically, the court noted that the wife had provided instructions to further lawyers, necessitating a duplication of work. Consequently, the court ordered that the wife and Mr Volker were jointly and severally liable to pay the husband's costs of and incidental to his application on an indemnity basis. Further orders were made regarding costs thrown away due to the duplication of work and leave was granted for the wife and Mr Volker to seek apportionment of their liability, excluding the husband from those proceedings.