Remely v O'Shea (No 4)

In the matter of Remely v O'Shea (No 4), the parties involved were Remely, the applicant, and O'Shea, the second respondent. The dispute pertained to the assessment of costs in relation to several applications made in the proceedings. The case was heard and determined by the Family Court of Australia. The core issue before the court was whether the costs incurred by the second respondent should be assessed on the indemnity basis, as requested by the applicant, or on the standard basis, as argued by the second respondent.

The court examined the principles governing the assessment of costs in family law matters, particularly the general rule that costs are to be assessed on the standard basis unless there are exceptional circumstances justifying an indemnity order. The court considered the nature of the applications and the conduct of the parties throughout the proceedings. It assessed whether the applicant's conduct warranted a departure from the standard rule.

In its decision, the court held that the exceptional circumstances necessary to justify an indemnity order were not present in this case. The court determined that the costs should be assessed on the standard basis, reflecting the usual approach in family law matters. The court directed that the second respondent was to file and serve written submissions establishing a realistic estimate of the costs claimed, with the applicant then having an opportunity to respond. The court further outlined the procedural steps for the assessment of costs, ensuring that submissions would be limited to prevent unnecessary prolongation of the proceedings.

The court ordered that the applicant was to pay the second respondent's costs of and incidental to the applications, to be assessed on the standard basis. The court mandated specific timelines for the submission of written evidence and submissions by both parties, with restrictions on further responses unless leave was obtained. This decision underscored the court's adherence to the standard basis for cost assessment in family law proceedings, barring exceptional circumstances.