Following the withdrawal of a spousal support application, the estate trustees of the deceased respondent sought a costs order jointly and severally against the applicant and her former lawyer.
The trustees alleged the proceeding was frivolous and vexatious and argued the lawyer had acted in conflict of interest and improperly initiated litigation despite knowing the claim had no chance of success.
The court considered Rules 12(3) and 24(9) of the Family Law Rules and the principles governing personal costs orders against counsel.
The court held the support claim was not clearly devoid of merit because statutory provisions permit setting aside domestic contracts in cases of unconscionability or lack of disclosure.
As the lawyer had acted on instructions and did not run up costs or abuse the court’s process, no personal costs order was warranted.
