Fawcett & Mahajan

In the matter of *Fawcett & Mahajan*, Mr Fawcett (the applicant father) sought an order that Ms Mahajan (the respondent mother) pay his costs on an indemnity basis, and also sought reimbursement for half the cost of an additional expert report. The proceedings concerned highly acrimonious parenting disputes regarding the parties' teenage daughter.

The primary legal issue before Hannam J was whether exceptional circumstances existed to justify a departure from the usual rule that each party bears their own costs, and specifically, whether the mother should be ordered to pay the father's costs on an indemnity basis. A secondary issue concerned the father's application for reimbursement of half the cost of an additional expert report.

Hannam J determined that the circumstances of the case did not justify a departure from the usual rule that each party bears their own costs, and therefore dismissed the father's application for indemnity costs. Regarding the expert report, the court applied Rule 15.47(1) of the Family Law Rules 2004, which establishes that parties are equally liable for the reasonable fees of a single expert witness unless otherwise ordered. As the addendum report was necessary for the proceedings and the mother offered no reason why the usual rule should not apply, the court ordered that the mother reimburse the father for half of the cost of the expert's additional report.