Berger and Tallis

Case [2019] FamCA 154


FAMILY COURT OF AUSTRALIA

BERGER & TALLIS [2019] FamCA 154
FAMILY LAW – COSTS – Where the wife seeks costs on an indemnity basis against the husband’s solicitors in the first instance – Where the wife submits the husband’s application had no reasonable prospects of success and that the husband’s conduct elongated the hearing – Where the wife made settlement offers to the husband – Where the husbands application was wholly unsuccessful – Court finds costs orders against the husband’s solicitors are not justified – Court finds an order for indemnity costs not justified – Order made for payment lump sum costs payment.

Civil Procedure Act 2005 (NSW) s 98(4)(c)
Family Law Act 1975 (Cth) ss. 90SM, 117,
Federal Court of Australia Act 1976 (Cth) ss. 37M, 37N
Evidence Act 1995 (Cth) s 177(1)

Family Law Rules rr. 1.04, 5.03, 11.02, 11.03, 19.10, 19.18

Byrnes v Brisconnections Management Company Limited (No. 2) [2009] FCA 1432
Cassidy v Murray (1995) FLC 92-633
Colgate Palmolive Company and AnorvCussons Pty Limited  (1993) 118 ALR 248
Hall v Hall (2016) 257 CLR 490
Idoport Pty Ltd v National Australia Bank Limited & Ors [2007] NSWSC 23
Fennessy & Gregorian (2009) FLC 93-399
Julstar Pty Ltd v Hart Trading Pty Ltd [2014] FCA 108
Kaufman & Sandor [2018] FCCA 2701
Kohan&Kohan (1993) FLC 92-340
Lenova & Lenova (Costs) [2011] FamCAFC 141
Melville&Dent (No.2) [2009] FamCA 81
Mijac Investments Pty Ltd v Graham [2013] FCA 296
Modra v Victoria (Department of Education and Early Childhood Development and Department of Human Services) (2012) 291 ALR 429
Ryan v Primesafe (2015) 323 ALR 107
Sklavos v Australasian College of Dermatologists [2013] FCA 1065
Specsavers Pty Ltd v The Optical Superstore Pty Ltd (No 4)[2012] FCA 652
Specsavers Pty Ltd v The Optical Superstore Pty Ltd [2012] FCAFC 183
Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189
Yunghanns & Yunghanns (2000) FLC 93-029
APPLICANT: Mr Berger
RESPONDENT: Ms Tallis
FILE NUMBER: SYC 3335 of 2018
DATE DELIVERED: 20 March 2019
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: McClelland DCJ
HEARING DATE: 12 December 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Kaylinger
SOLICITOR FOR THE APPLICANT: Helen Cook Solicitors
SOLICITOR FOR THE RESPONDENT: Santone Lawyers

Orders

THE COURT ORDERS THAT:

  1. The Applicant de facto husband pay the costs of the Respondent de facto wife in the sum of $10,598.44 within 28 days.

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 Berger &Tallis 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

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Berger and Tallis [2019] FamCA 154
Case
[2019] FamCA 154
Decision Date

CaseChat Overview and Summary

In *Berger and Tallis*, the applicant de facto husband was ordered to pay the costs of the respondent de facto wife. The specific nature of the dispute leading to this costs order is not detailed in the provided text, but it arose in the context of de facto relationship proceedings before McClelland DCJ.

The central legal issue before the court was the determination of the quantum of costs to be awarded to the respondent. This involved assessing the reasonableness and necessity of the expenses incurred by the respondent in the litigation.

McClelland DCJ ordered the applicant to pay the respondent's costs in the sum of $10,598.44. This amount was to be paid within 28 days of the order being entered into the Court's records.

Orders

Orders of the court

THE COURT ORDERS THAT:

1.

The Applicant de facto husband pay the costs of the Respondent de facto wife in the sum of $10,598.44 within 28 days.

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

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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