Limousin & Limousin

In the matter of *Limousin & Limousin*, Justice Guest of the Family Court of Australia considered an application for costs against the former solicitors for the wife, Issac Brott. The dispute concerned the allocation of costs arising from various interlocutory applications and trial proceedings.

The court was required to determine whether Issac Brott should be ordered to pay a portion of the husband's costs on an indemnity basis, and to what extent they should bear the wife's costs, also on either a party/party or indemnity basis, in relation to specific applications and trial preparation. The court also needed to consider whether the attendance of Senior Counsel was reasonably required for the proceedings.

Justice Guest reasoned that Issac Brott's conduct warranted a significant costs order against them. The court found that the solicitors' actions necessitated the husband incurring costs on an indemnity basis for specific hearing dates. Furthermore, Issac Brott was ordered to pay the wife's costs on a party/party basis for several applications, including those related to objections to affidavits and the preparation of answering submissions. Notably, the wife's costs for a further application, which involved the retention of Senior Counsel, were also to be paid by Issac Brott on an indemnity basis. The court also ordered Issac Brott to pay the husband's costs for the preparation of costs submissions.

The court ordered that Issac Brott pay 60 per cent of the husband's costs on an indemnity basis for specific hearing dates. Issac Brott was also ordered to pay the wife's costs on a party/party basis for several applications, and on an indemnity basis for another application involving Senior Counsel. Additionally, Issac Brott was to pay the husband's costs for the preparation of costs submissions on a party/party basis. The court also made a finding that the attendance of Counsel, including Senior Counsel, was reasonably required. All other applications were dismissed, and the proceedings were removed from the Active Pending Cases List.