Eldred and Eldred (No 2)

In *Eldred and Eldred (No 2)*, Bennett J of the Family Court of Australia considered an application for costs following proceedings between the husband and wife. The specific dispute leading to this costs application is not detailed in the provided text, but the orders indicate a significant financial award was made to the wife, and the court was addressing the allocation of legal expenses.

The primary legal issue before the court was the determination and quantification of costs to be awarded. This involved assessing the appropriate sum for party/party costs, considering professional fees for solicitors and barristers, and deciding whether oral argument was necessary for the final resolution of the costs application. The court also had to consider the procedural framework for making and responding to costs applications, including the timelines for written submissions and the possibility of oral hearings.

Bennett J applied the principles governing costs in family law proceedings, including the need for detailed submissions to justify claimed amounts. The court outlined a structured process for parties to present their cases on costs, allowing for initial applications, responses, and replies. The judge also provided certification for the wife's engagement of senior counsel, indicating a recognition of the complexity or significance of the matter. The court reserved the right to determine costs based on written submissions if no party sought oral argument, but also provided a mechanism for scheduling such hearings if required.