LUBITON & DRUMMOND

In the matter of *Lubiton & Drummond*, Gill J of the Family Court of Australia considered an application by the Husband for leave to appeal out of time the orders made by the Town A Local Court on 8 August 2019. The Wife sought costs in relation to this application.

The primary legal issue before the Court was whether to grant the Husband leave to appeal the previous orders of the Local Court after the prescribed time limit had expired. Ancillary to this, the Court was required to determine the appropriate costs order, specifically whether the Wife's costs should include the expenses incurred for a handwriting expert.

Gill J ordered that the Husband pay the Wife's costs in relation to his application for leave to appeal out of time. This order encompassed the costs of the handwriting expert, indicating that the Court considered this expense to be a reasonable and necessary component of the Wife's successful defence of the Husband's application. The final form of the order was subject to its formal entry into the Court's records.