Sinha and Sinha and Ors

In *Sinha and Sinha and Ors*, Kent J of the Federal Circuit and Family Court of Australia considered an application by the mother for leave to file her costs application out of time, and the substantive issue of costs in family law proceedings. The father and paternal grandparents were involved in the dispute concerning the mother's costs.

The primary legal issue before the court was whether to grant the mother leave to file her costs application after the prescribed time limit had expired. A further issue was the extent of the father and paternal grandparents' liability for the mother's costs of the substantive proceedings, specifically in relation to costs that had been "written off" due to the mother's bankruptcy.

Kent J granted the mother leave to file her costs application out of time. The court ordered that the father and paternal grandparents be jointly and severally liable for the mother's paid costs of the substantive proceedings, excluding any amount written off in her bankruptcy. These costs were to be agreed between the parties or, failing agreement, assessed on a party and party basis. There was no order made as to the costs of the application itself.