Bento and Bento (No. 2)
Case
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[2007] FamCA 1694
•27 July 2007
Details
AGLC
Case
Decision Date
Bento and Bento (No. 2) [2007] FamCA 1694
[2007] FamCA 1694
27 July 2007
CaseChat Overview and Summary
In *Bento and Bento (No. 2)*, the Family Court of Australia considered an application for costs following earlier proceedings between the husband and wife. The dispute concerned the division of property and related interlocutory matters.
The primary legal issue before the Court was the appropriate order for costs, specifically whether the husband should be ordered to pay a proportion of the wife's costs, including those incurred in interlocutory proceedings. The Court also had to determine the quantum of those costs and the method of their payment.
The Court ordered the husband to pay 54% of the wife's costs, which were fixed at $21,250. This amount was to be paid from the husband's share of the net proceeds from the sale of the former matrimonial home. Additionally, by consent of the parties, an amendment was made to a previous order regarding financial years, substituting 2007-2008 for 2008-2009.
The primary legal issue before the Court was the appropriate order for costs, specifically whether the husband should be ordered to pay a proportion of the wife's costs, including those incurred in interlocutory proceedings. The Court also had to determine the quantum of those costs and the method of their payment.
The Court ordered the husband to pay 54% of the wife's costs, which were fixed at $21,250. This amount was to be paid from the husband's share of the net proceeds from the sale of the former matrimonial home. Additionally, by consent of the parties, an amendment was made to a previous order regarding financial years, substituting 2007-2008 for 2008-2009.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Consent
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Remedies
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