Theodore & Theodore (No. 2)

In the matter of PAC 5789 of 2014, Mr Stavrou and AA Pty Ltd (the Objectors) sought costs following their successful objection to subpoenas issued by Mr Theodore (the Applicant). The dispute concerned the Applicant's attempt to obtain documents from the Objectors, who were third parties to the primary family law proceedings.

The central legal issue before Foster J was whether the Applicant should be ordered to pay the costs incurred by the Objectors in successfully challenging the subpoenas. This required the court to consider the principles governing costs in family law proceedings, particularly in circumstances where a third party successfully resists a subpoena.

Foster J applied the general principle that costs follow the event, meaning the unsuccessful party typically bears the costs of the successful party. The court found that the Applicant's objection to the subpoenas had been upheld, and the subpoenas were struck out. Consequently, the court determined that it was appropriate to make an order for costs in favour of the Objectors.

The court ordered that the husband pay the costs of AA Pty Ltd and Mr Stavrou of and incidental to their Notices of Objection to Subpoena in the total sum of $5,000. This sum was to be paid to the solicitors for the Objectors within one month of the date of the order.