Attia-Haik and Macaione

Case

[2018] FamCA 204

23 February 2018


Details
AGLC Case Decision Date
Attia-Haik and Macaione [2018] FamCA 204 [2018] FamCA 204 23 February 2018

CaseChat Overview and Summary

The proceedings before Loughnan J concerned parenting matters between Attia-Haik and Macaione. The dispute involved applications for costs related to previously scheduled hearings that were vacated.

The primary legal issue before the Court was whether to grant the Independent Children’s Lawyer's oral application for costs thrown away, including cancellation fees for a single expert, to be paid by the father. These costs related to hearings scheduled for 27 February 2017 and 5 March 2018.

Loughnan J ordered that the trial fixed to commence on 5 March 2018 be vacated and listed the proceedings for directions on 4 June 2018 regarding the final hearing of the parenting proceedings. The Court also noted and adjourned the Independent Children’s Lawyer's application for costs thrown away, including expert cancellation fees, to be paid by the father. This application is to be heard either on a date to be fixed or, if no other date is set, at the final hearing of the proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Procedural Fairness

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