Beckstead & Beckstead (No 2)

Case [2021] FCCA 1443


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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Beckstead and Beckstead (No 2) [2021] FCCA 1443
Case
[2021] FCCA 1443
Decision Date

CaseChat Overview and Summary

In the matter of *Beckstead & Beckstead (No 2)*, Harland J of the Federal Circuit Court of Australia made orders concerning costs following an application filed by the husband on 12 August 2020. The proceedings involved Mr Beckstead as the applicant and Ms Beckstead as the respondent.

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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