Re Felicity (No. 2)

The case involved a dispute concerning the costs of legal proceedings, specifically an application for an order under section 99 of the Civil Procedure Act 2005. The applicant sought an order for the solicitor to pay the costs of the proceedings due to the conduct of the solicitor in the Children's Court proceedings. The case was heard in the Supreme Court of Victoria.

The legal issues before the court included whether the solicitor's conduct in the Children's Court proceedings was relevant to the application for a wasted costs order in the present proceedings, and whether the arguments advanced by the solicitor were obviously untenable to justify an order for costs. The court had to consider the scope and purpose of section 99 of the Civil Procedure Act 2005 and the criteria for making a wasted costs order.

The court held that the arguments advanced by the solicitor were not obviously untenable and that the conduct of the Children's Court proceedings was not relevant to the application for a wasted costs order in the present proceedings. The court found that the applicant had not demonstrated that the solicitor's conduct was sufficiently egregious to justify an order for costs. The court held that the applicant had not met the threshold for making a wasted costs order under section 99 of the Civil Procedure Act 2005. The application for a wasted costs order was dismissed.

No orders were made regarding costs.