Recent Cases

Kimber v Clark in his capacity as trustee of the property of Kimber (No 2) [2023] FCAFC 88 (07 June 2023) (Bromwich, Cheeseman and McEvoy JJ)


Catchwords:


COSTS – question of costs reserved after appeal proceedings – where costs of proceedings before the Federal Circuit and Family Court of Australia (Division 2) are to be determined due to a costs order being set aside for clarity reasons – whether costs below should be to be paid out of the estate of the formerly bankrupt appellant in priority pursuant to s 109(1) of the Bankruptcy Act 1966 (Cth) – whether the respondents are entitled to costs from the appellant personally for the appeal proceedings – whether the second respondent was a non-party – whether costs should be assessed on a lump sum basis – held: costs awarded in favour of the respondents, to be paid out of the estate for the proceeding below, and personally for the appeal, both to be assessed on a lump sum basis.