AYARI & AGASSI

[2020] FamCA 1111

FAMILY COURT OF AUSTRALIA

AYARI & AGASSI [2020] FamCA 1111

FAMILY LAW – COSTS – Application filed by the husband that the wife pay his costs of the proceedings as agreed or assessed – Order that wife pay the husbands legal costs of the proceedings as agreed or as assessed under the rules on a party/party basis – Order that wife pay the sum of $2,200 being the fees of the husband’s barrister on the Costs Application or a portion of the fees of the husbands barrister

FAMIL LAW – PROCEDURAL – Application filed by husband seeking a discharge of interim orders made 14 September 2016 – Application granted interim orders 5 and 6 made 14 September 2020 discharged and vacated

Family Law Act 1975 (Cth) s 117

Penfold v Penfold (1980) FLC 90-800
PBF as Child Representative for AF (Legal Aid Commission of Tasmania) & Ors [2005] FamCA 158
Cachia v Hanes (1994) 179 CLR 403

APPLICANT: Mr Ayari

RESPONDENT: Ms Agassi

FILE NUMBER: SYC 5697 of 2016

DATE DELIVERED: 24 November 2020

PLACE DELIVERED: Hobart

PLACE HEARD: Hobart

JUDGMENT OF: Benjamin J

HEARING DATE: 24 November 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Cairns

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: In person

SOLICITOR FOR THE RESPONDENT:

Orders

1. Ms Agassi (‘the wife’) pay the legal costs of Mr Ayari (‘the husband’) in these proceedings.

2. Such costs be as agreed or as assessed under the Family Law Rules 2004 (Cth) and are to be calculated on a party/party basis.

3. The wife shall, within 90 days from the date of this order, pay the sum of two thousand two hundred dollars ($2,200) being the fees of the husband’s barrister, or a portion of the fees of the husband’s barrister, on the costs application and that the costs otherwise sought in relation to the costs application are discharged.

4. All outstanding applications are dismissed.

IT IS CERTIFIED

1. Pursuant to Rule 19.50 of the Family Law Rules 2004 (Cth) it was reasonable to engage counsel to attend.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Ayari & Agassi has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT HOBART

FILE NUMBER:  SYC 5697 of 2016

MR AYARI

Applicant

And

MS AGASSI

Respondent

EX TEMPORE REASONS FOR JUDGMENT

INTRODUCTION

1. Ms Agassi (‘the wife’), and Mr Ayari (‘the husband’), have been engaged in proceedings in this Court and/or the Federal Circuit Court since 2016.  Those proceedings were heard by me over 16 March, 4, 6, 7, 8, 11 of…