Eddington and Hayes

This matter concerned an application for costs by the legal personal representatives of the estate of the late Mr Eddington, who was the respondent in substantive proceedings, against Ms Hayes, the applicant. The dispute arose from the legal costs incurred in the substantive proceedings between the parties.

The primary legal issue before the Court was the basis upon which Ms Hayes should be ordered to pay the costs of Mr Eddington's estate. Specifically, the Court was required to determine whether the costs should be assessed on a standard or indemnity basis, and to consider the relevant practitioner-client costs agreements in making its determination.

Benjamin J ordered that Ms Hayes pay the legal costs and disbursements of the late Mr Eddington and the costs of his legal personal representatives. These costs were to be assessed on an indemnity basis, encompassing both the substantive proceedings and the costs application. The assessment was to be guided by the earlier of the two practitioner-client costs agreements, or failing agreement, in accordance with the Family Law Rules 2004. The Court also certified that it was reasonable to engage senior counsel and counsel for the proceedings.