Tang & Keats

In the Family Court of Australia, Justice Cronin considered an application for costs against the wife and her solicitor, Ms Gault, in proceedings between a husband and wife. The dispute concerned costs thrown away, with the husband seeking an order for these costs against both the wife and her legal representative.

The central legal issue before the court was whether the wife and her solicitor should be held jointly and severally liable for the husband's costs thrown away. This required the court to consider the circumstances that led to the costs being incurred and the conduct of the parties, particularly the wife and her solicitor, in relation to those costs.

Justice Cronin reasoned that the wife and Ms Gault were jointly and severally liable for the husband's costs thrown away, fixing this amount at $10,100. The court also made directions regarding the adjournment of applications for final orders, setting a two-day hearing for 4 August 2016. Further orders stipulated timelines for the filing and service of affidavit material by both the wife and the husband, and allowed for the issuance of subpoenas subject to usual conditions. The court certified that it was reasonable to engage counsel to attend the proceedings.