Banks and Smythe

Case

[2020] FamCA 296

29 April 2020


Details
AGLC Case Decision Date
Banks and Smythe [2020] FamCA 296 [2020] FamCA 296 29 April 2020

CaseChat Overview and Summary

In *Banks and Smythe*, heard before Cleary J, the dispute concerned an application by the father for an order that the Legal Aid Commission pay his legal costs.

The central legal issue before the Court was whether the father was entitled to an order for the Legal Aid Commission to pay his legal costs.

Cleary J considered the relevant provisions of the *Legal Aid Commission Act 1979* (NSW) and the principles governing cost orders against the Legal Aid Commission. The Court determined that the father had not established grounds for such an order. Consequently, the Court ordered that the father pay to the Legal Aid Commission the sum of $1,244.00, with six months allowed for payment.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Jurisdiction

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