Tzirinis and Tzirinis and Ors (No. 2)

In the matter of *Tzirinis and Tzirinis and Ors (No. 2)*, Cohen J of the Supreme Court of Victoria was required to determine applications for costs following earlier proceedings. The dispute concerned the allocation of costs between the wife, the husband, and third parties, P Pty Limited and Ms M, following the conclusion of certain proceedings.

The primary legal issues before the court were the quantum and allocation of costs payable by the wife to the husband and P Pty Limited, and the wife's liability for Ms M's costs. The court also had to consider a cap on the cumulative costs payable by the wife to the husband and P Pty Limited, and the impact of extant spousal maintenance proceedings on the finalisation of these costs orders. Furthermore, the court was asked to determine claims for costs against Ms R, a solicitor, and whether the presiding judge should continue to hear the matter.

Cohen J ordered that the wife pay P Pty Limited's costs and 80% of the husband's costs incurred after 12 March 2005. The wife was also ordered to pay Ms M's costs. Crucially, the cumulative costs payable by the wife to the husband and P Pty Limited were capped at $125,000, with the amounts to be paid to each party being proportionate to their taxed costs. These orders, along with the husband's and P Pty Limited's costs, were stayed pending the final determination of the wife's extant proceedings for variation and arrears of spousal maintenance. Claims for costs against Ms R were adjourned to a date to be fixed after the spousal maintenance proceedings concluded. Finally, Cohen J disqualified himself from further hearing the proceedings referred to in order 5.