Steele and Stanley (Costs)

Case [2008] FamCA 332


FAMILY COURT OF AUSTRALIA

STEELE & STANLEY (COSTS) [2008] FamCA 332
FAMILY LAW – COSTS – Costs inter party – whether husband should be ordered to pay wife’s costs including a claim for costs on an indemnity basis
Family Law Act 1975 (Cth) s117
Woodley & Time and Anor[2008] FamCA 162
Addison & Lahey (inter party costs) [2006] FamCA 1168
Colgate-Palmolive Company and Anor v Cussons Pty Limited (1993) 46 FCR 225
APPLICANT: Ms Steele
RESPONDENT: Mr Stanley
FILE NUMBER: SYF 4369 of 2005
DATE DELIVERED:  15 May 2008
PLACE DELIVERED: Hobart
PLACE HEARD: Parramatta
JUDGMENT OF: Benjamin J
HEARING DATE: 22 April 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Twigg
SOLICITOR FOR THE APPLICANT: Adrian Twigg & Co.
COUNSEL FOR THE RESPONDENT: Ms Christie
SOLICITOR FOR THE RESPONDENT: Wyatt Attorneys

Orders

  1. The husband pay 50 per cent of the wife’s costs of the property proceedings, on a party/party basis; such costs to be as and from the 14 August 2007 up to and including the date of final orders on 8 February 2008, subject to the following:-

    (a)    such costs are not to include the fees of the single expert in relation to the preparation of any of her expert reports and the expenses associated with her giving evidence;

    (b) noting that these were complex proceedings for which the attendance of senior counsel for both parties at the hearing was certified pursuant to rule 19.50 of the Family Law Rules.

  2. The husband pay the wife’s costs, on a party/party basis, on the application for costs.

  3. Costs payable pursuant to this order are to be as agreed between the parties or as otherwise determined under the Rules of this Court and in that regard time be extended for the filing of a Bill of Costs for a period of ninety (90) days from the date of these orders.

  4. This application for costs is removed from the lists of cases requiring determination.

  5. All subpoenaed documents are to be returned to the persons or institutions from which they emanated and all exhibits are to be returned to the person or persons who tendered the same.

    IT IS CERTIFIED

  6. Pursuant to Rule 19.50 of the Family Law Rules 2004 it was reasonable to engage Counsel to attend on the costs application for each of the parties.

IT IS NOTED that the publication of this judgment under the pseudonym Steele & Stanley (Costs) is approved pursuant to s121(9) (g) of the Family Law Act 1975(Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 4369 of 2005

Ms Steele

Applicant

And

Mr Stanley

Respondent

REASONS FOR JUDGMENT

Introduction

  1. This is an application by the wife for costs orders against the husband arising out of the hearing of property proceedings between the parties in Sydney on the 8, 9, 10 and 26 October 2007 where judgment was delivered and final orders made by me on the 8 February 2008.

  2. The wife’s application for costs was filed on 7 March 2008 and was…

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Steele and Stanley (Costs) [2008] FamCA 332
Case
[2008] FamCA 332
Decision Date

CaseChat Overview and Summary

In the matter of *Steele and Stanley (Costs)*, Benjamin J of the Family Court of Australia considered an application for costs following property proceedings between a husband and wife. The dispute concerned the allocation of costs incurred during the property proceedings and a subsequent application for costs.

The court was required to determine the extent to which the husband should be ordered to pay the wife's costs of the property proceedings and the costs of the application for costs. Specifically, the court had to consider whether to allow costs on a party/party basis, the period for which costs should be awarded, and whether to exclude certain expert fees. The court also needed to address the reasonableness of engaging senior counsel for the hearing and the costs application.

Benjamin J ordered that the husband pay 50 per cent of the wife's costs of the property proceedings on a party/party basis, from 14 August 2007 up to the date of final orders on 8 February 2008. However, these costs were not to include the fees and expenses of the single expert witness. The court noted that the proceedings were complex and certified the attendance of senior counsel for both parties at the hearing. The husband was also ordered to pay the wife's costs of the application for costs on a party/party basis. The court extended time for the filing of a Bill of Costs for 90 days and certified that it was reasonable to engage counsel for the costs application.

Orders

Orders of the court

1.

The husband pay 50 per cent of the wife’s costs of the property proceedings, on a party/party basis; such costs to be as and from the 14 August 2007 up to and including the date of final orders on 8 February 2008, subject to the following:-

(a) such costs are not to include the fees of the single expert in relation to the preparation of any of her expert reports and the expenses associated with her giving evidence;

(b) noting that these were complex proceedings for which the attendance of senior counsel for both parties at the hearing was certified pursuant to rule 19.50 of the Family Law Rules.

2.

The husband pay the wife’s costs, on a party/party basis, on the application for costs.

3.

Costs payable pursuant to this order are to be as agreed between the parties or as otherwise determined under the Rules of this Court and in that regard time be extended for the filing of a Bill of Costs for a period of ninety (90) days from the date of these orders.

4.

This application for costs is removed from the lists of cases requiring determination.

5.

All subpoenaed documents are to be returned to the persons or institutions from which they emanated and all exhibits are to be returned to the person or persons who tendered the same.

IT IS CERTIFIED

6.

Pursuant to Rule 19.50 of the Family Law Rules 2004 it was reasonable to engage Counsel to attend on the costs application for each of the parties.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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