Steele and Stanley (Costs)

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.