Strahan & Strahan (Appeal Costs)

In the matter of Strahan & Strahan, the parties involved were a husband and wife who were litigating over costs incurred in the context of an appeal. The case was heard by the Family Court of Australia. The wife, as the appellant, sought to recover costs associated with the appeal and an application for costs of that appeal, which had been heard on 14 September 2009.

The primary legal issue before the court was the allocation of costs related to the appeal. The court had to determine whether the husband, as the respondent, should be ordered to pay the costs of the appeal and the application for costs, and if so, the manner in which these costs should be assessed and paid. The court also needed to decide on the appropriate procedural steps to be taken if the parties could not agree on the amount of the costs.

The court ruled that the husband should bear the costs of the appeal and the application for costs. The costs were to be assessed on a party and party basis, meaning that each party would be responsible for their own costs. The court mandated that the parties were to agree on the amount of costs within 56 days of the date of the orders. If the parties could not reach an agreement, the costs were to be assessed by a taxing officer of the Family Court of Australia. This decision ensured that the financial burden of the appeal and the application for costs was appropriately allocated between the parties, while also providing a clear process for resolving any disagreements about the amount of costs.