Passey and Passey and Anor (Costs)

In *Passey and Passey and Anor (Costs)*, Justice Ryan of the Family Court of Australia considered an application for costs following a review application. The dispute concerned the costs associated with a review application commenced by Mr Fyve against Ms Passey.

The primary legal issue before the Court was the basis upon which costs should be awarded and the quantum of those costs. Specifically, the Court was required to determine whether the costs should be assessed on a standard or indemnity basis, and to order the payment of interest on any assessed costs.

Justice Ryan ordered that Mr Fyve pay Ms Passey's costs of the review application from its commencement on 26 May 2008 until 15 July 2009. Crucially, these costs were to be calculated on an indemnity basis and as assessed. The Court further ordered that interest on the assessed costs would be payable at the rate prescribed by the *Family Law Rules 2004*, commencing 28 days after the assessment.