Kuay-Hoa & Hoa & Ors

In the matter of *Kuay-Hoa & Hoa & Ors*, Bennett J of the Family Court of Australia was required to determine an application concerning the costs of proceedings. The dispute involved the wife seeking costs against the husband and a second named respondent.

The primary legal issue before the court was the extent to which the husband and the second respondent should be held liable for the wife's costs. Specifically, the court had to consider whether certain costs incurred in relation to applications before Dessau J and parenting proceedings should be excluded from the recoverable amount, as well as a sum already conceded by the wife.

Bennett J ordered that the husband and the second respondent be jointly and severally liable for the wife's costs, calculated on a party/party basis. The court excluded costs related to the application and hearing before Dessau J, costs associated with parenting proceedings, and the $20,000 conceded by the wife. The decision also set out a timetable for the filing of an itemised costs account and any notices disputing costs, and directed that the parties attend a costs assessment.