RIDDICK & RUDD

In the Family Court of Australia, Justice Macmillan considered an application by the husband for leave to apply out of time for a review of orders made by a Deputy Registrar. The original orders, made on 13 March 2019, included provisions for indemnity costs against the husband and party/party costs. The husband sought to challenge these orders.

The primary legal issue before the court was whether to grant the husband leave to file his application for review of the Deputy Registrar's orders outside the prescribed time limits. Ancillary to this, the court was required to determine the appropriate costs orders to be made in light of the husband's application and the various interlocutory steps taken by the parties.

Justice Macmillan granted the husband an extension of time to file his application for review. The court then discharged certain paragraphs of the Deputy Registrar's original orders, specifically those relating to indemnity costs and some party/party costs. The court made specific party/party costs orders in favour of the wife for various proceedings, including the Case Assessment Conference, the Directions Hearing change request, the preparation of costs submissions, and the husband's application for review. The husband's applications for review were otherwise dismissed.