Bailey and Bailey (No 3)
Case
•
[2018] FamCA 857
•24 October 2018
Details
AGLC
Case
Decision Date
Bailey and Bailey (No 3) [2018] FamCA 857
[2018] FamCA 857
24 October 2018
CaseChat Overview and Summary
In *Bailey and Bailey (No 3)*, Benjamin J of the Family Court of Australia considered an application for costs following proceedings between the wife and the husband. The specific nature of the dispute leading to this costs application is not detailed in the provided text, but it is clear that the court was tasked with determining the appropriate orders regarding legal costs.
The primary legal issue before the court was the quantum and terms of payment of the husband's partial legal costs. The court was also required to consider whether it was reasonable to engage counsel to attend the proceedings, as this would impact the scope of recoverable costs. Furthermore, the court had to determine the fate of extant applications made by the parties.
Benjamin J ordered that the wife pay to the husband his partial legal costs in the sum of $30,000. These costs were to be paid in three equal instalments of $10,000, with the first due on 1 November 2019, the second on 1 November 2020, and the final instalment on 1 November 2021. The court also certified that, pursuant to Rule 19.50 of the *Family Law Rules 2004* (Cth), it was reasonable to engage counsel to attend. All extant applications before the court were dismissed.
The primary legal issue before the court was the quantum and terms of payment of the husband's partial legal costs. The court was also required to consider whether it was reasonable to engage counsel to attend the proceedings, as this would impact the scope of recoverable costs. Furthermore, the court had to determine the fate of extant applications made by the parties.
Benjamin J ordered that the wife pay to the husband his partial legal costs in the sum of $30,000. These costs were to be paid in three equal instalments of $10,000, with the first due on 1 November 2019, the second on 1 November 2020, and the final instalment on 1 November 2021. The court also certified that, pursuant to Rule 19.50 of the *Family Law Rules 2004* (Cth), it was reasonable to engage counsel to attend. All extant applications before the court were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Procedural Fairness
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Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
1
Penfold v Penfold
[1980] HCA 4
Cachia v Hanes
[1994] HCA 14
Cachia v Hanes
[1994] HCA 14