Pencious & Pencious (No 2)

In *Pencious & Pencious (No 2)*, the husband and wife were parties to family law proceedings concerning property settlement and costs. The decision was made by Cronin J in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was the assessment of costs, specifically whether the wife was entitled to indemnity costs and how those costs should be calculated. The court was also required to determine the quantum of costs payable to the Independent Children’s Lawyer.

Cronin J ordered that the husband pay the wife's costs, with the quantum to be agreed between the parties or assessed. Crucially, the court ruled that the wife was entitled to indemnity costs, calculated according to her costs agreement with her solicitor, Adrian Abrahams, rather than the standard schedule of the *Family Law Rules 2004*. The court specified that the principles for assessment would be those set out in Rule 19.34(1), (2), and (3) of the Rules. Additionally, the husband was ordered to pay the Independent Children’s Lawyer’s costs, fixed at $10,947.