Mallard and Mallard (Costs)

In *Mallard and Mallard (Costs)*, the wife was ordered to pay a contribution towards the husband's costs of and incidental to proceedings determined by a judgment of 16 November 2011, and of the subsequent proceedings for an order for costs. The dispute concerned the quantum and method of payment of these costs.

The primary legal issue before the Court was to determine the specific sum the wife was to pay towards the husband's costs and the manner in which this sum was to be discharged. This involved considering the wife's financial capacity and the husband's entitlement to recover his legal expenses.

Fowler J ordered that the wife pay the sum of $20,000 towards the husband's costs. This sum was to be secured as a charge on the second payment due to the wife from the husband under the Court's orders of 16 November 2011. Payment was to be made by weekly instalments of $1,000, commencing only after the wife had received the first $30,000 of the remaining $50,000 balance payable to her under Order 3 of the earlier judgment.