Thurston and Loomis and Anor

In the matter of *Thurston and Loomis and Anor*, ML Lawyers sought an order that Mr Loomis pay their costs of and incidental to an application filed on 12 February 2016. Mr Loomis, in turn, had filed his own application on 25 January 2016. The proceedings were before Forrest J.

The primary legal issue before the court was the determination of costs associated with the parties' respective applications. Specifically, the court was required to decide whether Mr Loomis should be ordered to pay ML Lawyers' costs for their defence of his 25 January 2016 application, and whether ML Lawyers should be awarded their costs for the 12 February 2016 application.

Forrest J dismissed ML Lawyers' application for costs relating to Mr Loomis's 12 February 2016 application. However, the court ordered that Mr Loomis pay ML Lawyers' costs for his 25 January 2016 application. To facilitate the fixing of these costs, ML Lawyers were directed to file and serve an affidavit detailing their claimed costs, calculated according to the Family Law Rules 2004 scale, by 2 February 2018. If agreement on the quantum of costs could not be reached between the parties after ML Lawyers provided this schedule, the matter was listed for further submissions on 16 February 2018, with both parties granted leave to appear by telephone.