Stopford Malloy & Malloy (Costs)

In the matter of Stopford Malloy & Malloy, the wife appealed the costs order of the Family Court of Australia. The primary dispute was about the costs incurred during the proceedings, with the wife seeking an award of costs against the respondents, who had been unsuccessful in their applications. The case was heard in the Family Court of Australia, which is responsible for resolving family law disputes.

The legal issues before the court included whether the respondents were liable for the wife's costs, the appropriate quantum of costs, and whether the matter was fit to be certified for both senior and junior counsel. The respondents admitted to being unsuccessful but contested the amount of costs sought, claiming some items were unreasonable. Additionally, they opposed the certification of the matter for both types of counsel, arguing that the simplicity of the procedural applications did not reflect the complexity of the matter.

The court found that the respondents were indeed liable for the wife's costs, given their complete lack of success and their superior financial position. While some costs were deemed unreasonable, the majority were justified. The court also ruled that the matter was fit for certification for both senior and junior counsel, noting that the complexity of the applications was not diminished by their resolution via written submissions. Consequently, the court ordered that the respondents pay the wife's costs in the sum of $25,500, to be paid within 28 days. Furthermore, the matter was certified fit for both senior and junior counsel.

The final orders mandated that the respondents pay the wife's costs of $25,500 within 28 days and certified the matter fit for both senior and junior counsel. The form of the order was subject to entry in the Court’s records.