Weldon and Levitt (No.2)

In *Weldon and Levitt (No.2)*, Judge Riley of the Federal Circuit Court of Australia considered an application for costs following earlier proceedings. The dispute concerned the conduct of a solicitor, Sulaika Dhanapala, in relation to affidavits sworn in the matter.

The court was required to determine the appropriate orders for costs and whether the conduct of Ms Dhanapala warranted referral to the Legal Services Commissioner for investigation into potential breaches of her obligations as a solicitor. Specifically, the court considered allegations that Ms Dhanapala had signed affidavits in the absence of the deponents, added statements not made by the deponents, or otherwise failed in her duties.

Judge Riley ordered that the applicant pay 75% of the respondent's costs, with a further 25% of the respondent's costs to be paid by D & M Lawyers. Crucially, the Deputy Principal Registrar was directed to refer the matter to the Legal Services Commissioner. This referral was to facilitate an investigation into Ms Dhanapala's conduct, including the signing of affidavits without the deponents present and the inclusion of statements not made by the deponents. The Deputy Principal Registrar was instructed to provide the Commissioner with relevant documents, including the court's orders and reasons, prior court orders and reasons, the transcript, specific affidavits, and a letter from a deponent. The court also noted the prohibition under section 121 of the *Family Law Act 1975* against the publication of identifying details of family law proceedings.