FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Almeras & Velez (No 3) [2025] FedCFamC2F 922
File number(s): WOC 192 of 2024 Judgment of: JUDGE TURNBULL Date of judgment: 4 July 2025 Catchwords: FAMILY LAW — COSTS — Whether costs should be ordered, and if so, on an indemnity basis – Where the Respondent filed but later abandoned contravention applications after a number of hearing days Legislation: Family Law Act 1975 (Cth) – section 117 Cases cited: Almeras & Velez (No 2) [2024] FedCFamC2F 1117
D & D (Costs) (No. 2) (2010) FLC 93-435
Ebner & Pappas and Anor [2015] FamCAFC 39
Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus [2007] FCA 1878 at 25 and Beach Petroleum NL v Johnson (1995) 57 FCR 119
Division: Division 2 Family Law Number of paragraphs: 36 Date of hearing: 5 May 2025 Place: Hobart Solicitor for the Applicant: Ms An Solicitor for the Applicant: Charis Law Pty Ltd Respondent: No Appearance ORDERS
WOC 192 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS VELEZ
Applicant
AND: MR ALMERAS
Respondent
ORDER MADE BY:
JUDGE TURNBULL
DATE OF ORDER:
4 JULY 2025
THE COURT ORDERS THAT:
1.Within sixty (60) days of the date of this Order, Mr Almeras pay Ms Velez’s costs of and incidental to his Applications — Contravention filed by 15 March 2024 and 3 May 2024, with such costs to paid in the total sum of $21,207.40 (including GST).
2.Mr Almeras is to make payment of costs set out in Order 1 directly to the Applicant’s solicitors, ‘Charis Law Pty Ltd’, … into the Charis Law Practice Trust Account, BSB …, Account Number …51.
3.Save for the Application for Final Orders filed by Ms Velez filed 6 June 2024, all extant applications, relating to any Contravention, including the Application – Contravention filed 3 May 2024, are otherwise dismissed.
THE COURT NOTES THAT:
A.These Orders have been amended pursuant to rule 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family…
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- AGLC
- Almeras & Velez (No 3) [2025] FedCFamC2F 922
- Case
- [2025] FedCFamC2F 922
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the costs incurred by Ms Velez due to Mr Almeras's contravention applications should be ordered, and if so, on an indemnity basis. The court needed to consider the nature of the contravention applications, the conduct of the parties, and the relevant provisions of the Family Law Act 1975 (Cth). Specifically, the court had to assess whether Mr Almeras's conduct warranted indemnity costs and whether such an order was proportionate and just under the circumstances.
In its decision, the court held that Mr Almeras should be ordered to pay Ms Velez’s costs of and incidental to his contravention applications. The court found that Mr Almeras's conduct warranted indemnity costs due to the unnecessary prolongation of the proceedings. The court emphasised the importance of just and proportionate costs orders in family law matters and concluded that ordering indemnity costs was appropriate in this case. The court further dismissed all extant contravention applications except for the application for final orders filed by Ms Velez.
The court ordered that Mr Almeras pay Ms Velez’s costs within sixty days, in the total sum of $21,207.40, including GST. The payment was to be made directly to Ms Velez’s solicitors. All other extant contravention applications were dismissed, except for the application for final orders. The court's decision reflects a balanced approach to costs in family law matters, taking into account the need for proportionality and fairness.
Orders
Orders of the court
WOC 192 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS VELEZ
Applicant
AND:
MR ALMERAS
Respondent
ORDER MADE BY:
JUDGE TURNBULL
DATE OF ORDER:
4 JULY 2025
THE COURT ORDERS THAT:
1. Within sixty (60) days of the date of this Order, Mr Almeras pay Ms Velez’s costs of and incidental to his Applications — Contravention filed by 15 March 2024 and 3 May 2024, with such costs to paid in the total sum of $21,207.40 (including GST).
2. Mr Almeras is to make payment of costs set out in Order 1 directly to the Applicant’s solicitors, ‘Charis Law Pty Ltd’, … into the Charis Law Practice Trust Account, BSB …, Account Number …51.
3. Save for the Application for Final Orders filed by Ms Velez filed 6 June 2024, all extant applications, relating to any Contravention, including the Application – Contravention filed 3 May 2024, are otherwise dismissed.
THE COURT NOTES THAT:
A. These Orders have been amended pursuant to rule 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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