Purcell and Fitch (No.2)

In *Purcell and Fitch (No.2)*, Judge Hartnett of the Family Court of Australia considered an application for costs following earlier proceedings between the husband and wife. The dispute centred on the wife's entitlement to recover legal costs incurred in the litigation.

The primary legal issue before the court was whether the husband should be ordered to pay the wife's legal costs, and if so, to what extent. This involved determining the appropriate quantum of costs to be awarded and the basis upon which those costs should be calculated, considering the wife's legal fees and counsel's fees for various hearings.

Judge Hartnett reasoned that an order for costs was warranted given the circumstances of the case. The court ordered the husband to pay the wife a total of $26,185.80 within 14 days, comprising $17,685.80 for legal fees incurred with her solicitors from the commencement of proceedings, $1,500 for costs of briefing counsel for the hearing on 28 February 2013, and $7,000 for costs of briefing counsel for the final hearing on 2 and 3 May 2013. The court further ordered that penalty interest would accrue on any outstanding amounts in accordance with the Family Law Rules 2004 (Cth) should the husband fail to comply with these payment orders. All other extant applications were dismissed.