Barnes& Barnes & Anor

Case

[2017] FamCA 554

2 August 2017


Details
AGLC Case Decision Date
Barnes& Barnes & Anor [2017] FamCA 554 [2017] FamCA 554 2 August 2017

CaseChat Overview and Summary

In *Barnes & Barnes & Anor*, the wife was ordered to pay 50 per cent of the costs of the third party, Mr Harris. The dispute concerned costs following proceedings in the Family Court.

The central legal issue before Cronin J was whether there was justification for an order that the wife pay a portion of Mr Harris's costs, given that he was only partially successful in the proceedings.

Cronin J found that there was justification for such an order. The court applied principles relating to costs in family law matters, acknowledging that an order for costs can be made where a party is partially successful. The specific percentage of costs to be paid was determined by agreement between the parties, or by assessment in default of agreement.

The final orders stipulated that the wife was to pay 50 per cent of the costs of the third party, Mr Harris, as agreed, or as assessed if no agreement was reached.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

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