TALBOTT & TAPP

In *Talbott & Tapp*, the District Court of New South Wales was required to determine the quantum of costs to be paid by the de facto wife to the de facto husband. The dispute arose in the context of proceedings between the parties in the Family Court of Australia, and the District Court's role was to assess the costs payable by one party to the other.

The central legal issue before the District Court was the assessment of a fixed amount for costs, rather than an order for costs to be assessed in the usual way. This involved determining the appropriate sum to reflect the costs incurred by the de facto husband in the proceedings.

McClelland DCJ ordered that the de facto wife pay the de facto husband's costs in the fixed amount of $34,080.28. This payment was to be made immediately upon the finalisation of the proceedings between the parties in the Family Court of Australia, whether that finalisation occurred by way of settlement or judgment. The form of this order was noted as being subject to its formal entry in the Court's records.