Pilot and Pilot

In *Pilot & Pilot* [2011] FamCA 243, the Family Court of Australia considered various applications for costs orders arising from substantive property proceedings and interim applications between Ms Pilot (the wife) and Mr Pilot (the husband). The proceedings, which commenced in June 2004, were determined in November 2010, with costs applications being argued on 15 March 2011.

The court was required to determine which party should bear the costs of numerous applications made during the course of the substantive proceedings. These included applications for spousal maintenance, injunctions, litigation funding, the re-opening of evidence, and costs related to specific hearings and interim matters. The court also had to consider applications for costs made in relation to the parties' respective costs applications.

Justice Benjamin made a series of specific costs orders, requiring the husband to pay the wife's costs on a party/party basis in relation to her applications for spousal maintenance, an injunction, and to re-open the case. The husband was also ordered to pay one half of the wife's counsel and instructing solicitor fees for a hearing on 25 February 2009. Conversely, the wife was ordered to pay the husband's senior and junior counsel fees for five full days of the final hearing, and one half of his counsel fees for the 25 February 2009 hearing. The wife was also ordered to pay the husband's party/party costs in relation to his application concerning priority notices and oral applications for costs made in response to several of the wife's applications. All remaining outstanding costs applications by either party, not specifically dealt with in the orders, were dismissed. The court also noted that it was reasonable to engage senior counsel and counsel for the proceedings.