Prantage & Prantage (Costs)

In the matter of *Prantage & Prantage (Costs)*, Bennett J considered an application for costs following earlier proceedings between a husband and wife. The specific dispute concerned the quantum and basis of assessment for the wife's costs, particularly in relation to the husband's applications and the wife's responses thereto.

The court was required to determine the appropriate basis for assessing the wife's costs, including whether certain costs should be assessed on an indemnity basis and the scale at which counsel's fees should be calculated. The court also had to consider the reasonableness of engaging counsel or a lawyer to attend for the wife to take judgment.

Bennett J ordered that the husband pay the wife's costs of and incidental to his application and her response, excluding proceedings on 17 July 2014 and the costs of Dr NZ attending court. Certain costs, specifically those related to perusing and copying the husband's affidavits, taking instructions, and drawing evidence in response, were to be assessed on an indemnity basis. Counsel's fees were to be assessed at the top of the scale provided for in Schedule 3 to the Family Law Rules, with the balance of costs also assessed under Schedule 3. The Registrar was given discretion to make allowances for matters not specified in Schedule 3. The court further ordered that the husband pay the wife's costs of the costs application itself, to be assessed similarly to the primary costs order, with counsel's fees at the top of the scale. The wife was entitled to recover these assessed costs from monies held on trust by Gadens Lawyers, with specific directions for serving the relevant orders and assessment. Finally, the court certified that it was reasonable to engage counsel or a lawyer to attend for the wife to take judgment.