Sigley and De Santis

In the matter of Sigley and De Santis, heard before Macmillan J, the dispute concerned the costs of various applications filed by the parties in family law proceedings. The wife sought costs related to her Initiating Application of 1 October 2015 and her Applications in a Case filed on 9 February 2016 and 15 February 2016. The husband sought costs related to his Response to Initiating Application filed on 5 November 2015.

The primary legal issue before the court was the determination of which party should bear the costs of the proceedings, and on what basis those costs should be assessed. The court was also required to consider whether the attendance of counsel, including a solicitor acting as counsel, on 21 October 2016 was reasonably required, a factor relevant to the certification of costs.

Macmillan J ordered that the husband pay the wife's costs of and incidental to her specified applications, and that these costs be agreed between the parties or, failing agreement, assessed on a party/party basis. Furthermore, the court certified that the matter reasonably required the attendance of counsel, including a solicitor acting as counsel, on 21 October 2016, pursuant to Rule 19.50 of the Family Law Rules 2004.