Costs of the Proceedings – An overriding order?

The central issue in Behnia v Sarraf  [2019] NSWDC 138, was where a final order is made does it override an earlier costs orders.  In Behnia the final order in the Supreme Court proceedings was by consent and with an order that each party pay their own costs of the proceedings.  At the time there was an existing order which the consent orders did not…

Cautionary tale for solicitors who hold money on trust in Family Law proceedings

In Laurens v Laurens (No.2) (FCCA) 109,  delivered on 24 January 2017, the learned Judge commences his judgment with the very sentence “This is a cautionary tale for solicitors who hold money on trust for the benefit of both parties in family law proceedings”.  The solicitor in question acted for the wife in bitterly fought divorce…