Niem & Tong (No. 3)

In the matter of PAC 3572 of 2014, Ms Niem (the applicant wife) and Mr Tong (the respondent husband) were before Foster J of the Family Court of Australia. The dispute concerned the quantum of costs awarded to the wife on an indemnity basis, following a prior application filed by the wife on 22 September 2020. Ms Weaver acted as the Independent Children’s Lawyer.

The central legal issue before the court was to determine the appropriate fixed sum for the wife's costs, following an earlier order for indemnity costs. The court was required to assess the quantum of these costs based on short submissions provided by the parties.

Foster J ordered that the husband pay the wife's costs of and incidental to her Application in a Case filed on 22 September 2020. The court fixed this sum at $8,973, with payment to be made within one month from the date of the order.