Reichstein & Reichstein (Costs)

This matter concerned an appeal regarding costs following a family law dispute between Reichstein and Reichstein. The appeal court, comprising Bryant CJ, Kay and Boland JJ, was required to determine the appropriate cost orders to be made, particularly in relation to certificates under the *Federal Proceedings (Costs) Act 1981* (Cth).

The primary legal issues before the Full Court were whether both parties were able to meet any costs order and, given that both had been substantially unsuccessful in the orders they sought, what the appropriate disposition of costs should be. The court also had to consider the extent to which the appellant's partial success on appeal was attributable to errors made by the trial judge, as opposed to the conduct of the respondent in the litigation.

The Full Court reasoned that both parties were capable of meeting any costs order. It found that neither party had achieved substantial success in the orders they sought on appeal. Crucially, the court determined that the appellant's limited success was a consequence of errors made by the trial judge, rather than any fault on the part of the respondent. Applying these considerations, the court concluded that it was appropriate to grant certificates to both parties under the *Federal Proceedings (Costs) Act 1981* (Cth).