FAMILY COURT OF AUSTRALIA
| BACALL & ZAGAR (NO. 2) | [2020] FamCA 598 |
| FAMILY LAW – INDEMNITY COSTS – relevant principles – applicant wholly successful for purposes of s 117(2A) – applicant achieving an outcome more favourable than any settlement offer put by the respondent – indemnity costs payable. |
| Family Law Act 1975 (Cth) ss 75(2), 79, 117(1), 117(2A) |
| Calderbank v Calderbank [1975] 3 All ER 333 Gordon & Gordon [2017] FCCA 2899 Leichhardt Municipal Council v Green [2004] NSWCA 341 |
| APPLICANT: | Ms Bacall |
| RESPONDENT: | Mr Zagar |
| FILE NUMBER: | SYC | 8282 | of | 2017 |
| DATE DELIVERED: | 23 July 2020 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | On the papers |
| JUDGMENT OF: | The Honourable Justice Wilson |
| DATE OF FINAL SUBMISSION: | 20 July 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Not applicable |
| SOLICITOR FOR THE APPLICANT: | O’Sullivan Legal |
| COUNSEL FOR THE RESPONDENT: | Not applicable |
| SOLICITOR FOR THE RESPONDENT: | Neil Jamieson & Associates |
Orders
The respondent (now appellant) pay the applicant’s costs of and incidental to the proceeding, save for any costs thrown away on 19 June 2019, on an indemnity basis, to be assessed by a registrar of this court.
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 Bacall & Zagar 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 MELBOURNE |
FILE NUMBER: SYC 8282 of 2017
| Ms Bacall |
Applicant
And
| Mr Zagar |
Respondent
REASONS FOR JUDGMENT
Introduction
In these reasons issues of costs are determined –
a)of the proceeding; and
b)those reserved on 19 June 2019.
Pursuant to paragraph 17 of my orders made 18 June 2020, issues of costs are to be determined on the papers. The applicant and respondent (now appellant) filed written submissions in accordance with my orders. The respondent, now the appellant, has appealed my 14 May 2020 reasons and the orders subsequently pronounced, and he sought a stay of orders requiring him to file costs submissions until the hearing and determination of his appeal. I refused that application as it is my duty to determine all issues so as to bring to a close the trial of this proceeding. These costs orders do just that.
In essence, the…
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- AGLC
- Bacall and Zagar (No. 2) [2020] FamCA 598
- Case
- [2020] FamCA 598
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the basis upon which costs should be awarded. Specifically, the court had to consider whether the costs should be awarded on a standard or indemnity basis, and whether any exceptions should apply to the general rule.
The court ordered that the respondent pay the applicant’s costs of and incidental to the proceeding on an indemnity basis. However, an exception was made for any costs thrown away on 19 June 2019. These costs were to be assessed by a registrar of the court.
Orders
Orders of the court
1.
The respondent (now appellant) pay the applicant’s costs of and incidental to the proceeding, save for any costs thrown away on 19 June 2019, on an indemnity basis, to be assessed by a registrar of this court.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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