Bashir & Ghani (No 3)

[2021] FCCA 807

FEDERAL CIRCUIT COURT OF AUSTRALIA

Bashir & Ghani (No 3) [2021] FCCA 807  

File number(s):

PAC 4940 of 2016

Judgment of:

JUDGE OBRADOVIC

Date of judgment:

23 April 2021

Catchwords:

FAMILY LAW – Practice and Procedure – Costs – Application for costs on an indemnity basis – costs order made in accordance with scale.

Legislation:

Family Law Act 1975, s 117

Federal Circuit Court Rules2001, r 21.02, sch 1

Cases cited:

Bashir & Ghani [2017] FCCA 3448
Bashir & Ghani (No.2) [2021] FCCA 253
Colgate Palmolive Co and Anor v Cussons Pty Ltd [1993] FCA 801
Collins & Collins [1985] FamCA 15
Penfold & Penfold [1980] HCA 4
Kohan & Kohan (1993) FLC 92-340
Latoudis v Casey [1990] HCA 59

Sala & Habner (No. 2) [2018] FCCA 2738

Wrensted & Eades [2016] FamCAFC 46

Number of paragraphs:

32

Date of last submission/s:

31 March 2021

Date of hearing:

On the papers

Place:

Parramatta

Solicitors for the Applicant

Fay Rose Legal

Counsel for the Respondent 

Mr Leidermann

Solicitors for the Respondent

Falzon Legal Pty Ltd

ORDERS

PAC 4940 of 2016

BETWEEN:

MS BASHIR

Applicant

AND:

MR GHANI

Respondent

ORDER MADE BY:	JUDGE OBRADOVIC
DATE OF ORDER:	23 APRIL 2021

THE COURT ORDERS THAT:

1.The Applicant mother pay the Respondent father’s costs in the amount of $23,284.90 within 6 months.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Bashir & Ghani (No 3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE OBRADOVIC

1. On 22 November 2017, final parenting orders were made with respect to the parties’ two children, X born in 2012 and Y born in 2015, (“final parenting orders”). The final parenting orders provided for:

   a.The father to have sole parental responsibility for the children;

   b.The children to live with the father; and

   c.The children to be permitted to travel internationally without the need for the consent of the mother to be provided to the issue of a passport for the children.

2. The final parenting orders were made in circumstances where the mother did not participate at final hearing and in her absence. Reasons for judgement were delivered ex tempore (but subsequently published): Bashir & Ghani [2017] FCCA 3448.

3. On 25 June 2020, the mother commenced fresh proceedings for parenting orders. On 7 December 2020, the father filed a response seeking orders dismissing the mother’s application and for costs. The matter proceeded to hearing on the Rice & Asplund issue on 5 February 2021.

4. On 17 February 2021, the Court delivered its reasons and dismissed the mother’s Initiating Application filed 25 June 2020: Bashir & Ghani (No.2) [2021] FCCA 253. After the orders were made, the father advised the Court that he pressed his application for costs, and procedural orders were then made…