Hackett and York & Anor

In the Family Court of Australia, Henderson J considered an application for costs made by a de facto wife and a third party against the de facto husband. The dispute arose from the de facto husband's unsuccessful attempts on two separate occasions to have a subpoena issued to the third party.

The primary legal issue before the court was whether to grant a costs order in favour of the de facto wife and the third party, and on what basis. Specifically, the court had to determine the appropriate quantum and terms of any costs awarded against the de facto husband, considering his repeated failures in seeking the subpoena.

Henderson J ordered that the de facto husband pay the costs of the third party, B Pty Ltd, on an indemnity basis in relation to the subpoena hearing, a subsequent review, and the costs hearing itself, totalling $27,215.11. These costs were to be paid within 12 months. Additionally, the costs incurred by B Pty Ltd in complying with the subpoena, amounting to $6,152.30, were to be paid within 28 days. A sum of $3,630 held in the husband's solicitor's bank account was to be transferred to B Pty Ltd's solicitors to reduce these compliance costs. The husband was also ordered to pay the wife's costs in the sum of $20,000, to be deducted from his share of the property settlement.