Balzia and Covich
Case
•
[2011] FamCA 358
•18 May 2011
Details
AGLC
Case
Decision Date
Balzia and Covich [2011] FamCA 358
[2011] FamCA 358
18 May 2011
CaseChat Overview and Summary
In *Balzia and Covich*, Collier J of the Family Court of Australia considered an application for costs following earlier proceedings between the parties. The dispute concerned the quantum of costs to be paid by the husband to the wife.
The primary legal issue before the Court was to determine the appropriate order for costs, specifically the period from which the husband's liability for the wife's costs would commence and the basis upon which those costs would be calculated and paid.
Collier J ordered that the husband pay the wife's costs from 13 March 2010. The parties were given one month to agree on the amount. If agreement could not be reached within that period, the husband was to pay one half of the wife's costs, assessed on a party-party basis, from the specified date. The final amount was to be paid within six months of the issue of the notice of assessment, or as otherwise agreed between the parties.
The primary legal issue before the Court was to determine the appropriate order for costs, specifically the period from which the husband's liability for the wife's costs would commence and the basis upon which those costs would be calculated and paid.
Collier J ordered that the husband pay the wife's costs from 13 March 2010. The parties were given one month to agree on the amount. If agreement could not be reached within that period, the husband was to pay one half of the wife's costs, assessed on a party-party basis, from the specified date. The final amount was to be paid within six months of the issue of the notice of assessment, or as otherwise agreed between the parties.
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
Actions
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Citations
Balzia and Covich [2011] FamCA 358
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
1
Farlow and Farlow
[2009] FamCA 46
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[2006] NSWSC 583
Elite Protective Personnel Pty Ltd v Salmon
[2007] NSWCA 322