Binett and Binett

[2019] FamCA 723

FAMILY COURT OF AUSTRALIA

BINETT & BINETT [2019] FamCA 723

FAMILY LAW – COSTS – Where wife seeks order as to indemnity costs – Where consideration of applicable principles – Where not appropriate to order indemnity costs – Where not appropriate to make any order for costs.

Family Law Act 1975 (Cth) s 117
Family Law Rules 2004 (Cth) r 19.08, 19.18

Anison & Anison [2019] FamCAFC 108
Beach Petroleum NL v Johnson (No 2) (1995) 135 ALR 160
Binett & Binett [2018] FamCA 441
Colgate-Palmolive Company and Colgate-Palmolive Pty Limited v Cussons Pty Limited [1993] FCA 536
Collins & Collins (1985) FLC 91-603
D & D (Costs) (No. 2) [2010] FamCAFC 64
Fennessy & Gregorian [2009] FamCAFC 44
Greedy & Greedy (1982) FLC 91-250
Harris & Dewell & Harris (Costs) [2018] FamCAFC 180
Hawkins & Roe [2012] FamCAFC 77
Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23
Joyce & Fante [2013] FamCAFC 141
Limousin & Limousin [2007] FamCAFC 1178
Luadaka & Luadaka (1998) FLC 92-830
Parke & the Estate of the Late A Parke (2016) FLC 93-748
Penfold v Penfold (1980) 144 CLR 311
Yunghanns & Ors & Yunghanns & Ors & Yunghanns [2000] FamCA 681

APPLICANT: Ms Binett

RESPONDENT: Mr Binett

FILE NUMBER: PAC 1422 of 2017

DATE DELIVERED: 4 October 2019

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: By way of written submissions last received on 2 August 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Batey

SOLICITOR FOR THE APPLICANT: Jacqueline Kyle Family Law

COUNSEL FOR THE RESPONDENT: Ms Lawson

SOLICITOR FOR THE RESPONDENT: LCI Legal

Orders

1. The wife’s application for costs is dismissed.

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 Binett & Binett 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 PARRAMATTA

FILE NUMBER: PAC 1422 of 2017

Ms Binett

Applicant

And

Mr Binett

Respondent

REASONS FOR JUDGMENT

1. The application for determination is an application for costs contained in the wife’s Application in a Case filed 26 June 2019 and husband’s Response filed 27 June 2019 in ongoing property proceedings between the parties.

2. The wife’s interim application concerned various interim property orders which included orders:

   a)That the husband to deposit proceeds of registered mortgage ... into a trust account in the joint names of the parties

   b)That S Business be appointed a valuer for a property at Z Street, Suburb V; and

   c)That the parties sign a joint letter of instruction to facilitate such and other orders as to disclosure…