Naczek and Dowler

In the matter of Naczek and Dowler, Justice Cronin of the Family Court of Australia considered an application concerning costs. The dispute revolved around the appropriate procedure for determining whether a costs order should be made and, if so, how the quantum of those costs should be assessed.

The court was required to determine two primary legal issues: first, whether it was appropriate to make an order for costs in the proceedings; and second, if an order for costs was deemed appropriate, whether the matter should be referred to a registrar for assessment or if the quantum of costs should be fixed by the court.

Justice Cronin's reasoning focused on establishing a clear procedural pathway for the resolution of the costs issues. The court issued a series of orders designed to facilitate the exchange of financial information and supporting documentation between the parties. These orders mandated the provision of financial statements, allowed for requests for corroborating documents, and required the inspection of such documents. Furthermore, the court set specific timelines for the filing and service of applications for costs, supporting affidavits, and any subsequent responses or submissions, thereby creating a structured framework for the parties to present their cases on costs.

The court ordered that the issues of whether to make a costs order and, if so, how to determine its quantum, would be heard and determined in chambers.