SCVG and KLD (No 2)

In SCVG and KLD (No 2), the Family Court of Australia, constituted by Cronin J, considered an application for costs following earlier proceedings between the father and the mother. The dispute concerned the allocation of responsibility for the mother's legal costs incurred during a specific period of litigation.

The central legal issue before the Court was the extent to which the father should be ordered to contribute to the mother's legal costs. Specifically, the Court was required to determine the basis and quantum of any costs order, including whether the costs should be assessed on an indemnity basis and what expenses would be covered.

Cronin J reasoned that an order for indemnity costs was warranted given the circumstances of the case. The Court applied the principles governing costs orders in family law proceedings, considering the conduct of the parties and the overall justice of the matter. The order reflected a significant contribution by the father to the mother's legal expenses, encompassing her solicitor's fees as per her costs agreement and associated disbursements, for the period from 1 January 2015 until the finalisation of costs submissions.

The Court ordered that the father pay 50 per cent of the mother's costs on an indemnity basis, as defined in paragraph 1 of the orders. These costs were to be agreed between the parties, or failing agreement, assessed by a registrar.