FEDERAL CIRCUIT COURT OF AUSTRALIA
Beckstead & Beckstead (No 2) [2021] FCCA 1443
File number(s): MLC 7993 of 2019 Judgment of: JUDGE HARLAND Date of judgment: 28 June 2021 Catchwords: FAMILY LAW – wife and proposed third party seek indemnity costs after unsuccessful joinder application – whether or not costs should be ordered – quantum Legislation: Competition and Consumer Act 2010 (Cth)
Family Law Act 1975 (Cth) ss 117(1), 117(2A), 90G(1), 90G(IA),
Family Law Rules 2004 (Cth) Schedule 3
Federal Circuit Court Rules 2001 (Cth) Schedule 1
Federal Circuit Court Act 1999 (Cth) s 79
Trade Practices Act 1974 (Cth) s 52
Cases cited: Kohan and Kohan (1993) FLC 92-340
Mansfield and Ors & Mansfield and Anor (2019) FLC 93-920
Orwin v Rickards v Ors [2019] VSC 375
Prantage and Prantage [2013] FamCAFC 105
Beckstead & Beckstead [2021] FCCA 566
Number of paragraphs: 49 Date of last submission/s: by way of written submission on 6 May 2021 Date of hearing: 25 March 2021 Place: Melbourne Counsel for the Applicant: Ms Costello QC Solicitor for the Applicant: Cargill Family Law Counsel for the Respondent: Ms Vohra SC Solicitor for the Respondent: MST Lawyers Counsel for the Proposed Second Respondent: Ms Smallwood QC Solicitor for the Proposed Second Respondent: Colin Biggers & Paisley ORDERS
MLC 7993 of 2019 BETWEEN: MR BECKSTEAD
Applicant
AND: MS BECKSTEAD
Respondent
ORDER MADE BY:
JUDGE HARLAND
DATE OF ORDER:
28 JUNE 2021
THE COURT ORDERS THAT:
1.The husband pay to Ms B the costs of responding to the husband’s Application in a Case filed on 12 August 2020 on an indemnity basis, with such sum to be agreed between the parties or failing agreement, to be taxed by the costs registrar of the Federal Circuit Court of Australia.
2.The husband pay the wife’s costs of responding to the husband’s Application in a Case filed on 12 August 2020, with such sum to be agreed or failing agreement to be taxed by the costs registrar of the Federal Circuit Court of Australia applying the scale of costs set out in the Family Law Rules 2004 (Cth).
3.In the event the parties and Ms B are unable to agree on the quantum of costs within 14 days, the party seeking the costs file and serve an itemised costs account by 23 July 2021 and that by 13 August 2021, the party objecting to the quantum of the costs file and serve a notice setting out the objections to the itemised costs account and that the matter be listed to the costs registrar on 18 August 2021.
4.I certify that it was reasonable for the parties and Ms B to engage Senior Counsel for the application in a case.
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 Beckstead & Beckstead (No 2) is approved…
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CaseChat Overview and Summary
The court was required to determine the quantum and basis of costs payable by the husband to the wife in response to the husband's application. Additionally, the court considered whether it was reasonable for the parties and Ms B to engage Senior Counsel for the application.
Harland J ordered that the husband pay the wife's costs of responding to the application on an indemnity basis. The court further certified that it was reasonable for the parties and Ms B to engage Senior Counsel for the application. Provisions were made for the agreement or taxation of these costs, including specific timelines for the filing of costs accounts and objections, and a listing before the costs registrar if agreement could not be reached. The court also noted the provisions of section 121 of the *Family Law Act 1975* (Cth) regarding the publication of proceedings.
Orders
Orders of the court
MLC 7993 of 2019
BETWEEN:
MR BECKSTEAD
Applicant
AND:
MS BECKSTEAD
Respondent
ORDER MADE BY:
JUDGE HARLAND
DATE OF ORDER:
28 JUNE 2021
THE COURT ORDERS THAT:
1. The husband pay to Ms B the costs of responding to the husband’s Application in a Case filed on 12 August 2020 on an indemnity basis, with such sum to be agreed between the parties or failing agreement, to be taxed by the costs registrar of the Federal Circuit Court of Australia.
2. The husband pay the wife’s costs of responding to the husband’s Application in a Case filed on 12 August 2020, with such sum to be agreed or failing agreement to be taxed by the costs registrar of the Federal Circuit Court of Australia applying the scale of costs set out in the Family Law Rules 2004 (Cth).
3. In the event the parties and Ms B are unable to agree on the quantum of costs within 14 days, the party seeking the costs file and serve an itemised costs account by 23 July 2021 and that by 13 August 2021, the party objecting to the quantum of the costs file and serve a notice setting out the objections to the itemised costs account and that the matter be listed to the costs registrar on 18 August 2021.
4. I certify that it was reasonable for the parties and Ms B to engage Senior Counsel for the application in a case.
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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