Billington & Billington

Case

[2008] FamCA 348

21 May 2008


Details
AGLC Case Decision Date
Billington & Billington [2008] FamCA 348 [2008] FamCA 348 21 May 2008

CaseChat Overview and Summary

In *Billington & Billington*, heard by Cronin J, the dispute concerned the costs of proceedings in the Family Court of Australia. The orders indicate that the husband was ordered to pay the wife's costs in relation to specific applications and the evidence of a single expert witness, as well as the general proceedings from a certain date.

The court was required to determine the allocation of costs between the parties, including whether it was reasonable for the wife to engage two counsel, one of whom was senior counsel, pursuant to Rule 19.50 of the *Family Law Rules 2004*. Additionally, the court addressed the dismissal of certain applications filed by the parties.

Cronin J ordered the husband to pay the wife's costs associated with the husband's application of 1 May 2007, the wife's application for production of documents leading to the order of 12 July 2007, the oral evidence of the single expert witness Ms W, and the general proceedings from 20 July 2007. The court also certified that it was reasonable for the wife to engage two counsel, including senior counsel. The application filed on 16 January 2008 and the response filed on 1 April 2008 were dismissed. Crucially, the payment of the ordered costs was stayed pending the outcome of the husband's appeal.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Stay of Proceedings

  • Expert Evidence

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Penfold v Penfold [1980] HCA 4
Penfold v Penfold [1980] HCA 4