PRANTAGE & PRANTAGE

In *Prantage & Prantage*, the husband was ordered to pay the wife’s costs in relation to parenting proceedings on an indemnity basis from 28 January 2010. These costs were to be determined by agreement between the parties, or failing that, assessed by a Registrar in accordance with Chapter 19 of the *Family Law Rules 2004*.

The court was required to determine the basis upon which the wife's costs in the parenting proceedings should be assessed. Specifically, the assessment was to be guided by the costs agreement between the wife and her legal practitioner, limited to the parenting aspects of the proceedings, and otherwise governed by rule 19.34(1) of the *Family Law Rules 2004*. The court also confirmed that the wife's costs for counsel and an instructing solicitor at all hearings were reasonably and properly incurred.

Justice Cronin provided further direction for any Registrar undertaking the assessment, allowing for referral of questions to the Honourable Justice Cronin for guidance, after consultation with the parties, pursuant to rule 19.33(1)(i). The primary principle applied was that the costs incurred by the wife in the parenting proceedings were to be paid by the husband on an indemnity basis, reflecting the court's view on the conduct of the proceedings.