By and -

Key decisions

  • Jeremy & Taklit [2026] FedCFamC1A 32
  • Meint & Lyall [2026] FedCFamC1A 24
  • Flynn & Vincent [2026] FedCFamC1A 21
  • Pryor (No 2) [2026] FedCFamC1F 77

COSTS

Order for indemnity costs against solicitor set aside – solicitor could not proceed after being told by his barrister two days before trial that he would not appear

In Jeremy & Taklit [2026] FedCFamC1A 32 (5 March 2026) Schonell J, sitting in the appellate jurisdiction of the Federal Circuit and Family Court of Australia, allowed an appeal by a solicitor who was ordered by Judge Jacobs to pay indemnity costs of $5,885 in respect of an adjourned property trial.

The solicitor appeared on the first day of trial and sought an adjournment as, two days earlier, counsel who was scheduled to appear advised that he would not appear. The Court refused to grant an adjournment. The solicitor then sought leave to withdraw, which was also refused (at [5]). The Court adjourned the trial but ordered the solicitor to pay indemnity costs.

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