WORTH & WORTH

In the matter of *Worth & Worth*, Forrest J of the Family Court of Australia considered an application by the father seeking to restrain the mother from continuing to instruct her solicitor and the solicitor's firm in the proceedings. The father's application was dismissed.

The primary legal issue before the court was whether a conflict of interest existed that would warrant restraining the mother's legal representation. Ancillary to this, the court also considered applications for costs, including the father's request for indemnity costs.

Forrest J dismissed the father's application to restrain the mother's solicitor, finding no grounds to uphold the claim of conflict of interest. In relation to costs, the court ordered that the father pay the mother's costs for his unsuccessful application to restrain her solicitor on a party and party basis. The court also ordered that the mother pay the father's costs for her previously dismissed application for a stay and her withdrawn application for review, as well as the costs referable to prosecuting the costs application at the hearing. The court declined to order indemnity costs, finding that the circumstances did not justify such an order.