Lennon & Lennon (Costs)

In *Lennon & Lennon (Costs)*, Murphy J of the Family Court of Australia was required to determine the appropriate costs orders following proceedings between a husband and wife. The specific dispute concerned the wife's application filed on 8 June 2011 and a hearing that took place before Justice Murphy on 28 September 2011, as well as costs thrown away from a hearing previously listed for 14 July 2010.

The central legal issue before the court was the allocation of costs between the parties. Specifically, the court had to decide whether the husband should be ordered to pay the wife's costs in relation to the aforementioned application and hearing, and also to compensate the wife for costs rendered futile by the earlier adjourned hearing.

Murphy J ordered that the husband pay the wife's costs of and incidental to the application filed on 8 June 2011 and the hearing on 28 September 2011. Furthermore, the husband was ordered to pay the wife's costs that were thrown away on the hearing listed for 14 July 2010. The quantum of these costs was to be determined by agreement between the parties within 28 days of the order, or by assessment thereafter if no agreement was reached.