BEHZADI & AGASSI

[2020] FamCA 1112

FAMILY COURT OF AUSTRALIA

BEHZADI & AGASSI [2020] FamCA 1112

FAMILY LAW – COSTS – Application for costs by the applicant that the wife pay her costs of the proceedings as assessed or agreed – Order that wife pay 50 per cent of the applicant’s legal costs of the proceedings as agreed or assessed under the rules on a party/party basis

Family Law Act 1975 (Cth) s 117

Penfold v Penfold (1980) FLC 90-800
PBF as Child Representative for AF (Legal Aid Commission of Tasmania) & Ors [2005] FamCA 158
Cachia v Hanes (1994) 179 CLR 403

APPLICANT: Ms Behzadi

RESPONDENT: Ms Agassi

FILE NUMBER: SYC 5697 of 2016

DATE DELIVERED: 24 November 2020

PLACE DELIVERED: Hobart

PLACE HEARD: Hobart

JUDGMENT OF: Benjamin J

HEARING DATE: 24 November 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Cairns

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE FIRST

AND SECOND RESPONDENTS:

In Person

SOLICITOR FOR THE RESPONDENT:

Orders

1. Ms Agassi (‘the respondent’) pay 50 per cent of the legal costs of Ms Behzadi (‘the applicant’).

2. Such costs be as agreed or as assessed under the Family Law Rules 2004 (Cth) and are to be calculated on a party/party basis.

3. Costs otherwise sought in relation to the Costs Application are discharged.

IT IS CERTIFIED

1. Pursuant to Rule 19.50 of the Family Law Rules 2004 (Cth) it was reasonable to engage counsel to attend.

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 Behzadi & Agassi 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 OF AUSTRALIA AT HOBART

FILE NUMBER:  SYC 5697 of 2016

MS BEHZADI

Applicant

And

MS AGASSI

Respondent

EX TEMPORE REASONS FOR JUDGMENT

INTRODUCTION

1. Ms Agassi (‘the wife’), and Mr Ayari (‘the husband’), have been engaged in proceedings in this Court and/or the Federal Circuit Court since 2016.  Those proceedings were heard by me over 16 March, 4, 6, 7, 8, 11 of May, 6 June and 8 July 2020.  On 31 July 2020 I published Reasons for Judgment (‘the Reasons’) and made Orders as set out in those Reasons.  Those Orders have not been the subject of any application or appeal to the Full Court. 

2. On 28 August 2020, the husband filed an Application in the Case seeking orders that the wife pay his costs of these proceedings as agreed or assessed. That application was supported by an Affidavit the husband swore on 27 August 2020. I note in passing that that application for costs was filed within the time provided under the Family Law Rules 2004 (Cth) (‘the…