Porte and Rahma and Ors (No 2)

In *Porte and Rahma and Ors (No 2)*, Mushin J of the Federal Circuit and Family Court of Australia considered applications for costs made by a Receiver and a Liquidator. The dispute arose from an application filed by the Respondent on 28 July 2009, and subsequent applications for costs related to that initial application.

The primary legal issue before the Court was the basis upon which the costs of the Receiver and the Liquidator should be assessed, and whether the Respondent should be restrained from seeking to recover those costs from the husband and wife. The Court was also required to determine if the matter reasonably required the attendance of counsel for the purposes of costs assessment.

Mushin J ordered that the costs of the Receiver and the Liquidator, in relation to the Respondent's application of 28 July 2009 and the subsequent costs applications, be assessed on an indemnity basis in accordance with Chapter 19 of the *Family Law Rules 2004*, unless otherwise agreed. The Respondent was further restrained from seeking to obtain any indemnity or benefit arising from this liability for costs from the husband and wife without their written consent or a further court order. The applications were otherwise dismissed, and the Court found that the matter reasonably required the attendance of counsel.