SINDEL & SINDEL (COSTS APPLICATION)

This matter concerned a costs application arising from family law proceedings before Fowler J in the Federal Circuit Court of Australia. The application was brought by the wife, seeking orders for her costs against the husband.

The primary legal issue before the Court was the appropriate apportionment of costs between the parties, particularly in light of the fact that the proceedings involved both financial and parenting matters. The Court was required to determine the extent to which the husband should be ordered to pay the wife's costs, and whether any distinction should be made between costs referable to financial and parenting aspects of the litigation.

Fowler J reasoned that a costs order should reflect the overall outcome of the proceedings and the conduct of the parties. While acknowledging that parenting matters often involve different considerations for costs, the Court found it appropriate to make a global costs order in this instance, reflecting the wife's substantial success in the financial proceedings. The Court ordered that the husband pay 60% of the wife's costs, excluding those solely referable to parenting issues, calculated on a party and party basis. The payment of these costs was deferred until after the determination of an appeal, or until agreement or assessment, whichever was later. Furthermore, the husband was ordered to charge his entitlement under previous orders in favour of the wife with this costs obligation.