FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Arias & Grasso (No 4) [2024] FedCFamC2F 1837
File number(s): NCC 4198 of 2021 Judgment of: JUDGE CARTY Date of judgment: 18 December 2024 Catchwords: FAMILY LAW – COSTS – De Facto property proceedings – Where respondent de facto husband continued to deny allegations of physical family violence until confronted with criminal history – Where respondent refused reasonable offer or compromise – Where respondent’s conduct of the trial increased the costs of the applicant
FAMILY LAW – COSTS – Where relevant factors considered – Where court satisfied that there are circumstances which justify a costs order
FAMILY LAW – COSTS – Applicant seeks indemnity costs – Where settled practice is to order costs on a party and party unless there is an exceptional, unusual or extreme circumstance.
FAMILY LAW – COSTS – Party and party costs – Costs awarded in a fixed amount calculated in accordance with Scale
Legislation: Family Law Act 1975 (Cth) ss 44, 90SM, 117
Federal Circuit and Family Court of Australia Act 2021 ss 190, 191
Federal Circuit and Family Court of Australia (Family Law) Rules 2021, rr 1.04, 6.01, 12.17, sch 1, sch 3
Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 sch 1
Cases considered: Arias & Grasso [2022] FedCFamC2F 47
Arias & Grasso (No 2) [2022] FedCFamC2F 1191
Arias & Grasso (No 3) [2024] FedCFamC2F 452
Bant & Clayton (Costs) [2016] FamCAFC 35; (2016) 56 Fam LR 31
Colgate Palmolive Co & Anor v Cussons Pty Ltd (1993) 118 ALR 248
Fitzgerald & Fish [2005] FamCA 158
Garrod & Davenport [2021] FamCA 276
In the Marriage of Kohan (1992) 16 FamLR 245; (1993) FLC 92-340
In the Marriage of Munday & Bowman (1997) 22 Fam LR 321
Medlon & Medlon (No 6) (Indemnity Costs) [2015] FamCAFC 157; (2015) FLC 93-664
Pascoe & Larsen (No 2) [2022] FedCFamC1A 126
Penfold and Penfold [1980] HCA 4; (1980) 144 CLR 311
Stanford & Stanford (2012) 247 CLR 108
Division: Division 2 Family Law Number of paragraphs: 66 Date of last submission/s: 17 July 2024 Date of hearing: On the papers Place: Newcastle Solicitor for the Applicant: Baker Love Lawyers The Respondent: Self Represented ORDERS
NCC 4198 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS ARIAS
Applicant
AND: MR GRASSO
Respondent
ORDER MADE BY:
JUDGE CARTY
DATE OF ORDER:
18 DECEMBER 2024
THE COURT ORDERS THAT:
1.The respondent will pay the applicant’s costs in the property proceedings on a party and party basis fixed in the sum of $34,015.
2.The respondent will pay the applicant’s costs in the Application in a Proceeding filed on 9 May 2024 fixed in the sum of $3,142.
3.Payment by the respondent of the amounts due to the applicant pursuant to Order 1 and Order 2 hereto will be made within 14 days of the date of this order, or upon settlement of the sale of the real…
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- AGLC
- Arias & Grasso (No 4) [2024] FedCFamC2F 1837
- Case
- [2024] FedCFamC2F 1837
- Decision Date
CaseChat Overview and Summary
The court considered the relevant factors, including the respondent's refusal to accept a reasonable offer or compromise and his conduct during the trial. Given that the respondent's denial of the allegations until presented with his criminal history, along with his conduct, increased the costs for Ms Arias, the court found that there were circumstances justifying a costs order. The court noted that while it is settled practice to order costs on a party and party basis unless there are exceptional circumstances, the respondent's conduct warranted a detailed assessment of the costs incurred.
After carefully considering the evidence and submissions, the court concluded that the circumstances did justify a costs order. The court awarded costs in a fixed amount calculated in accordance with the Scale, totaling $34,015 for the property proceedings and $3,142 for the application filed on 9 May 2024. The court ordered that Mr Grasso pay these amounts within 14 days of the order or upon settlement of the sale of the real property, whichever occurred later. The application for costs and the response was otherwise dismissed.
Orders
Orders of the court
NCC 4198 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS ARIAS
Applicant
AND:
MR GRASSO
Respondent
ORDER MADE BY:
JUDGE CARTY
DATE OF ORDER:
18 DECEMBER 2024
THE COURT ORDERS THAT:
1. The respondent will pay the applicant’s costs in the property proceedings on a party and party basis fixed in the sum of $34,015.
2. The respondent will pay the applicant’s costs in the Application in a Proceeding filed on 9 May 2024 fixed in the sum of $3,142.
3. Payment by the respondent of the amounts due to the applicant pursuant to Order 1 and Order 2 hereto will be made within 14 days of the date of this order, or upon settlement of the sale of the real property situate at G Street, Suburb H in the State of New South Wales, whichever date occurs later.
4. The application for costs and the response is otherwise dismissed.
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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