Pen & Vun (No. 2)

In the matter of PAC 3665 of 2018, Mr Vun (the applicant husband) applied to the Federal Circuit and Family Court of Australia for a declaration of nullity against Ms Pen (the respondent wife). The husband was wholly unsuccessful in his application.

The primary legal issue before the court was the appropriate order for costs given the husband's complete failure in his application and the wife's receipt of a grant of legal aid.

Foster J reasoned that it was appropriate to order the husband to pay the wife's costs. The court determined that costs should be assessed on a party/party basis up to the date the wife was granted legal aid. Thereafter, costs were to be assessed on a legal aid rate basis, limited to the sum paid by Legal Aid NSW to the wife's solicitors. The husband was ordered to pay the assessed costs directly to Legal Aid NSW.