Rory and Rory (Costs)

This matter concerned an application for costs orders following property proceedings between a husband and wife. The proceedings were heard by Benjamin J in the Family Court of Australia.

The primary legal issue before the Court was the extent to which one party should bear the costs of the other, specifically in relation to the property proceedings and a subsequent application for costs orders. The Court was required to determine the appropriate apportionment of legal costs and whether the engagement of Senior Counsel for a particular mention was reasonable.

Benjamin J ordered that the wife pay to the husband one half of the husband’s legal costs of the property proceedings from 31 January 2008 until the final orders on 20 March 2008, and one half of the husband’s legal costs for the application for costs orders, excluding the attendance of Senior Counsel on a mention on 14 April 2008. These costs were to be determined on a party/party basis. The Court extended time for the filing of a Bill of Costs for ninety days and certified that the engagement of Senior Counsel for the mention was reasonable pursuant to Rule 19.50 of the Family Law Rules 2004. The proceedings were otherwise removed from the list, and all subpoenaed documents and exhibits were to be returned.