Baumann & Ors and Rushbrooke & Anor

FAMILY COURT OF AUSTRALIA

BAUMANN AND ORS & RUSHBROOKE AND ANOR [2017] FamCA 175

FAMILY LAW – COSTS – Where the applicant and the applicant companies seek their costs in complying with subpoenas previously subject to objections – Where the second respondent joins the application for costs against the first respondent – Where the first respondent opposes the costs application and seeks costs against the applicant, applicant companies and second respondent – Consideration of section 117(2A) - Where it is found that no party was wholly unsuccessful – Where the applications for costs are dismissed – Where the first respondent is ordered to pay the reasonable expenses of the applicant and applicant companies in complying with the subpoenas.

Family Law Act 1975 (Cth) ss 117(2A), 117(2A)(e), 117(2A)(f), 117(2A)(g)
Family Law Rules 2004 (Cth) r 15.23

Baumann and Ors & Rushbrooke and Anor [2016] FamCA 905
Markoska & Markoska and Anor (Costs) (2011) 46 Fam LR 598
Marriage of Kennedy and Evans, Trust Bank (Intervener) (1994) FLC 92-514

Moriarty & Moriarty (2009) 41 Fam LR 336

FIRST APPLICANT:

Mr Baumann

SECOND APPLICANT: B Pty Ltd

THIRD APPLICANT: C Pty Ltd

FIRST RESPONDENT: Ms Rushbrooke

SECOND RESPONDENT: Mr D Baumann

FILE NUMBER: SYC 2032 of 2015

DATE DELIVERED: 23 March 2017

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: McClelland J

HEARING DATE: In Chambers

REPRESENTATION

SOLICITOR FOR THE APPLICANTS: Barkus Doolan

COUNSEL FOR THE 1ST RESPONDENT: Mr White SC 

SOLICITOR FOR THE 1ST RESPONDENT: Michael Conley Lawyers

SOLICITOR FOR THE 2ND RESPONDENT: Uther Webster & Evans

The Court Orders that:

1. The wife is to pay the reasonable expenses incurred by the first, second and third applicants (“the applicants”) in complying with the subpoenas issued to them by the wife.

2. For the purposes of Order (1) above, the reasonable expenses of the applicants shall be:

   (a)Fees payable to E Pty Ltd in the sum of $2,031.14;

   (b)Fees payable to G Bank in the sum of an amount being then equivalent to 500 Euro (to be calculated as at the date of these Orders); and

   (c)       Costs payable to JJ Pty Ltd as agreed or assessed.

3. Other than as provided for in Orders 1 and 2 above, the following be dismissed:

   (a)       Application in a Case filed 23 November 2016;

   (b)       Response to Application in a Case filed 27 January 2017;

   (c)       Reply filed 10 February 2017.

   Note: The form of the order is subject to the entry of the order in the Court’s records.

   IT IS NOTED that publication of this judgment by this Court under the pseudonym Baumann and Ors & Rushbrooke and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

   Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT…