Pomroy and McPhee Solicitors

This matter concerned an application by Mr Pomroy regarding the admissibility of evidence from the respondent. The proceedings were heard in the Family Court of Australia by Murphy J.

The primary legal issues before the court were whether to admit the respondent's evidence, and how to proceed with the assessment of solicitor-client costs, particularly in light of the transition of the Family Law Rules 2004 concerning costs assessment procedures. The court was also required to consider the implications of the Federal Proceedings (Costs) Act 1981.

Murphy J dismissed Mr Pomroy's application to exclude the respondent's evidence. The court then made orders dispensing with certain requirements of the Family Law Rules 2004 concerning the assessment of solicitor-client costs for work done prior to 1 July 2008. Instead, the court directed that the assessment process, including the rendering of bills and any objections or subsequent assessments, should follow the practices and procedures applicable to work done after 1 July 2008. The parties were permitted to rely on documents already filed in the proceedings for this purpose. Furthermore, a certificate was granted under section 10(2) of the Federal Proceedings (Costs) Act 1981, in respect of the respondent's costs for appearances on 17 June 2009 and 25 February 2010.