Bilson and Martin
Case
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[2016] FamCA 493
•21 June 2016
Details
AGLC
Case
Decision Date
Bilson and Martin [2016] FamCA 493
[2016] FamCA 493
21 June 2016
CaseChat Overview and Summary
In *Bilson and Martin*, heard before Bennett J, the proceedings concerned parenting matters. The specific nature of the dispute between the parties, identified as the father and the maternal aunt, is not detailed, but the outcome relates to the costs incurred by the maternal aunt in her parenting proceedings.
The central legal issue before the court was the determination of costs in relation to the parenting proceedings brought by the maternal aunt. Specifically, the court was required to decide whether the father should be ordered to pay the costs of the maternal aunt and, if so, on what basis those costs should be calculated.
Bennett J ordered that the father pay the costs of the maternal aunt. These costs were to be calculated on a party/party basis, in accordance with Schedule 3 to the *Family Law Rules*. In the event that the parties could not agree on the quantum of these costs, they were to be assessed in accordance with Chapter 19 of the Rules. The court also certified for counsel, indicating that the costs of employing counsel were considered reasonable and therefore recoverable.
The central legal issue before the court was the determination of costs in relation to the parenting proceedings brought by the maternal aunt. Specifically, the court was required to decide whether the father should be ordered to pay the costs of the maternal aunt and, if so, on what basis those costs should be calculated.
Bennett J ordered that the father pay the costs of the maternal aunt. These costs were to be calculated on a party/party basis, in accordance with Schedule 3 to the *Family Law Rules*. In the event that the parties could not agree on the quantum of these costs, they were to be assessed in accordance with Chapter 19 of the Rules. The court also certified for counsel, indicating that the costs of employing counsel were considered reasonable and therefore recoverable.
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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Jurisdiction
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Procedural Fairness
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Citations
Bilson and Martin [2016] FamCA 493
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
0
Penfold v Penfold
[1980] HCA 4
Penfold v Penfold
[1980] HCA 4
Bevan & Bevan
[2013] FamCAFC 116