Lorenzato v Lorenzato (No 2)

The respondents, Lorenzato, sought an order that the appellant, Lorenzato, pay forthwith all costs of the proceedings on a gross sum basis. The appellant opposed the application on the basis that the costs ought not be payable forthwith but only on final determination of the proceedings. The primary judge ruled in favour of the respondents. The appellant appealed, and the Full Court allowed the appeal. The respondents sought special leave to appeal.

The legal issues in the case were whether costs should be paid forthwith on a gross sum basis, and whether costs should be paid forthwith. The court considered the general principles relating to costs in family law proceedings, including the discretion of the court to order costs to be paid forthwith, and the factors to be taken into account in exercising that discretion. The court also considered the relevant provisions of the Family Law Act, including section 118, which provides for the court to make orders for costs on an interlocutory or final basis, and section 118(2), which provides for the court to order costs to be paid forthwith in certain circumstances.

The court held that the primary judge had erred in ordering the appellant to pay costs forthwith on a gross sum basis. The court noted that the primary judge had not considered the relevant provisions of the Family Law Act, and had not taken into account the fact that the appeal was likely to succeed. The court also held that the primary judge had not exercised his discretion in accordance with the relevant principles and factors. The court held that the costs should not be paid forthwith, but should be paid on final determination of the proceedings. The court held that the appeal should be allowed, and that the application for special leave to appeal should be refused.