Balzia and Covich (No 2)

Case

[2011] FamCA 601

2 February 2011


Details
AGLC Case Decision Date
Balzia and Covich (No 2) [2011] FamCA 601 [2011] FamCA 601 2 February 2011

CaseChat Overview and Summary

In *Balzia and Covich (No 2)*, Collier J of the Federal Circuit and Family Court of Australia considered an application for costs following a hearing concerning the validity of a Binding Financial Agreement. The dispute arose between a husband and wife, with the wife seeking costs from the husband.

The central legal issue before the Court was whether the husband should be ordered to pay the wife's costs associated with the hearing that determined the validity of the Binding Financial Agreement.

Collier J ordered that the husband pay the wife's costs of and incidental to the hearing. These costs were to be either agreed between the parties or assessed by a proper officer of the Court on a party-party basis. The husband was directed to pay these costs within four months of agreement on the quantum or within four months of the date of a certificate of assessment.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

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