BILLENCORP PTY LTD & BILLINGSLY

[2016] FamCA 1163

FAMILY COURT OF AUSTRALIA

BILLENCORP PTY LTD & BILLINGSLY [2016] FamCA 1163

FAMILY LAW – COSTS – Application for costs by a third party against the wife arising out of the wife’s application for enforcement of final property orders – where the third party submits that the wife’s application was misconceived – where the wife filed her application following the husband’s failure to make full and frank disclosure with respect to his financial circumstances and the financial circumstances of entities controlled by him or in which he had an interest – where the wife discontinued the orders sought by her against the third party upon being apprised of the husband’s present financial circumstances and the nature of the transactions between the husband and the third party – where the third party did not address s 117(2A) other than in a general sense – wife’s financial circumstances considered – no justification to depart from the usual rule as to costs – third party’s application for costs dismissed

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)

Somerton & Wells (Deceased) and Anor [2015] FamCAFC 12

APPLICANT: Billencorp Pty Ltd

RESPONDENT: Ms Billingsly

FILE NUMBER: MLC 745 of 2014

DATE DELIVERED: 11 November 2016

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Macmillan J

HEARING DATE: 3 October 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Kirton QC

SOLICITOR FOR THE APPLICANT: Arnold Bloch Leibler

COUNSEL FOR THE RESPONDENT: Mr Puckey

SOLICITOR FOR THE RESPONDENT: Barry Nilsson Lawyers

Orders

IT IS ORDERED THAT

1. Paragraph 1 of Billencorp Pty Ltd’s Application in a Case filed 2 August 2016 be dismissed.

2. On or before 4.00 pm on 25 November 2016 the parties file and serve any written submissions in support of any application for costs arising out of or incidental to Billencorp Pty Ltd’s Application in a Case filed 2 August 2016.

3. On or before 4.00 pm on 9 December 2016 the parties file and serve any reply to any written submissions in support of any application for costs arising out of or incidental to Billencorp Pty Ltd’s Application in a Case filed 2 August 2016.

4. The question of the costs of Billencorp Pty Ltd’s  Application in a Case filed 2 August 2016 be determined based upon the parties’ written submissions subject to leave being sought to make oral submissions on or before 9 December 2016.

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 Billencorp Pty Ltd & Billingsly 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 MELBOURNE