Limousin v Limousin (Costs)

In *Limousin v Limousin (Costs)*, the Full Court of the Family Court of Australia considered applications for costs made by the husband against the wife and/or her solicitor. The husband sought costs in relation to the wife's discontinued appeal and her unsuccessful appeal against property orders.

The primary legal issues before the Court were whether costs should be awarded against the wife personally, against her solicitor, or both, in relation to the discontinued and unsuccessful appeals. Additionally, the Court addressed an informal application by the wife's solicitor for the Full Court to disqualify itself and order a rehearing of the wife's appeal, based on allegations concerning the deceased former counsel for the wife.

The Court held that there was no basis to make a costs order against the wife's solicitor, as there was no evidence of improper conduct or that the solicitor had acted otherwise than on the wife's instructions. Regarding the wife, the Court ordered that she pay the husband's costs of the discontinued appeal, noting that she might consider seeking reimbursement from her solicitor for those costs. However, the Court declined to make a costs order against the wife in relation to the unsuccessful property appeal, taking into account her bereft financial circumstances. The Court also found no ability or appropriateness to reopen the concluded appeal or order a rehearing based on the solicitor's application.