STELZER & WALLACE (COSTS)

This matter concerned an application for costs following substantive family law proceedings before Benjamin J. The parties were Ms Stelzer (the wife) and Mr Wallace (the husband). The wife sought an order for her legal costs and disbursements incurred in the substantive proceedings.

The primary legal issue before the court was whether to extend the time for the wife to apply for costs and, if so, to determine the basis and scope of those costs. The court was required to consider the appropriate assessment basis for the costs, the period to which the costs order would apply, and the inclusion of various legal representatives, including senior counsel, junior counsel, and instructing solicitors. Furthermore, the court had to determine whether the costs of the costs application itself, including the preparation of submissions by senior counsel, were recoverable.

Benjamin J granted the wife an extension of time to apply for costs, acknowledging that the substantive orders were made on 31 January 2011 and the costs application was filed on or about 2 September 2014. The court ordered that the husband pay the wife's legal costs and disbursements. These costs were to be assessed on a party/party basis and were to apply from 4 January 2010. The order specifically included the costs of senior counsel, junior counsel (where engaged), and the instructing solicitor, encompassing representation during the substantive proceedings and the costs associated with the costs application, including the preparation of submissions by senior counsel. The court certified that it was reasonable to engage senior counsel and counsel for the wife.