THO & L FIRM

In the matter of THO & L FIRM, heard before Cronin J, the dispute concerned the variation of a costs agreement between the applicant and the respondent, and the provision of itemised costs accounts. The applicant had initiated proceedings on 23 April 2010, with a response filed on 11 November 2011.

The court was required to determine the appropriate rate at which the respondent could charge for work performed by Mr C under the costs agreement, and to establish the terms for the provision of itemised costs accounts and the resolution of any disputes arising from them.

Cronin J reasoned that the costs agreement should be varied to allow the respondent to charge Mr C's work at $460 per hour, while otherwise applying Schedule 3 (Part 1) of the Family Law Rules 2004, save for reasonably incurred disbursements. The court ordered that the applicant have liberty to request itemised costs accounts by 11 June 2012, and that the Family Law Rules 2004 would govern the provision of these accounts and any related disputes. Liberty to apply was granted for the implementation of these orders.

The court further ordered that any application for costs arising from these orders must be made by written submission filed and served by 11 June 2012, with responses due by 25 June 2012, and that such applications would be determined in chambers. The proceedings filed on 23 April 2010 and the response thereto filed on 11 November 2011 were otherwise dismissed.