Ayre and Ayre (No.2)

Case

[2018] FCCA 1897

13 July 2018


Details
AGLC Case Decision Date
Ayre and Ayre (No.2) [2018] FCCA 1897 [2018] FCCA 1897 13 July 2018

CaseChat Overview and Summary

In *Ayre and Ayre (No.2)*, Judge McGuire of the Federal Circuit Court of Australia considered an application for costs following a trial concerning property settlement. The dispute involved the husband and wife, and the court was tasked with determining the appropriate allocation of costs for the trial.

The primary legal issue before the court was whether the wife should be awarded costs against the husband, and if so, on what basis and to what extent. This involved considering the conduct of the parties during the proceedings and the overall outcome of the trial in relation to the costs incurred.

Judge McGuire ordered that the husband pay 75% of the wife's costs for the conduct and preparation of the trial. These costs were to be assessed according to the scale set out in the Federal Circuit Court Rules 2001, either by agreement between the parties or through taxation.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Penfold v Penfold [1980] HCA 4