Blatch & Blatch (No 4)

Case [2022] FedCFamC1F 578


Federal Circuit and Family Court of Australia

(DIVISION 1)

Blatch & Blatch (No 4) [2022] FedCFamC1F 578

File number(s): SYC 1613 of 2021
Judgment of: SCHONELL J
Date of judgment: 10 August 2022
Catchwords: FAMILY LAW – COSTS – Where the wife sought a costs order on an indemnity basis after orders were made for the issue of a recovery order – Consideration of factors in s 117(2A) of the Family Law Act 1975 (Cth) – Where the wife’s application for a recovery order was only made following the husband’s unilateral act of retaining the children and breaching Court orders – Order for indemnity costs made.
Legislation: Family Law Act 1975 (Cth) s 117
Cases cited:

Bant & Clayton (Costs) (2016) 56 FamLR 31; [2016] FamCAFC 35

Blatch & Blatch (No 3) [2022] FedCFamC1F 492

Colgate Palmolive Company & Anor v Cusson Pty Ltd (1993) 118 ALR 248; [1993] FCA 801

Dongahey & Dongahey (Costs) (2012) 47 FamLR 306; [2012] FamCA 231

Kohan & Kohan (1993) FLC 92-340; [1992] FamCA 116

PBF as Child Representative for AF (Legal Aid Commission of Tasmania) & TRF & LKL (2005) 33 FamLR 123; [2005] FamCA 158

Penfold v Penfold (1980) 144 CLR 311; [1980] HCA 4

Yunghanns & Ors v Yunghanns & Ors and Yunghanns (2000) FLC 93-029; [2000] FamCA 681

Division: Division 1 First Instance
Number of paragraphs: 36
Date of last submissions: 25 July 2022
Place: Sydney
The Applicant: Did not participate
Solicitor for the Respondent: Lander & Rogers

ORDERS

SYC 1613 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR BLATCH

Applicant

AND:

MS BLATCH

Respondent

order made by:

SCHONELL J

DATE OF ORDER:

10 AUGUST 2022

THE COURT ORDERS THAT:

1.That within 28 days from the date of these orders, the applicant husband pay the respondent wife’s costs of and incidental to the Application in a Proceeding filed on 5 July 2022 and determined on 11 July 2022, on an indemnity basis, in the amount of $21,586.13.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Blatch & Blatch has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

SCHONELL J:

  1. By Application in a Proceeding filed 25 July 2022, the respondent wife (“the wife”) seeks orders for payment of her costs on an…

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AGLC
Blatch & Blatch (No 4) [2022] FedCFamC1F 578
Case
[2022] FedCFamC1F 578
Decision Date

CaseChat Overview and Summary

In the case of Blatch & Blatch (No 4), the Federal Circuit and Family Court of Australia considered the application for costs made by the wife, Ms Blatch, following the issuance of a recovery order. The husband, Mr Blatch, had unilaterally retained the children and breached prior court orders, prompting Ms Blatch to apply for the recovery order. The court was tasked with determining whether the wife was entitled to an indemnity costs order under section 117(2A) of the Family Law Act 1975 (Cth). This section mandates the court to consider several specified factors in making a costs decision, including the conduct of the parties, the merits of the case, and the availability of legal representation.

The court examined the conduct of Mr Blatch in retaining the children and breaching the court's orders, which was deemed unreasonable and in breach of the court's authority. It was noted that Ms Blatch had acted reasonably in seeking to enforce the court's orders and protect her children. The court found that the wife's application for the recovery order was justified given the husband's conduct. Given the circumstances, the court found that it was appropriate to order the husband to pay the wife's costs on an indemnity basis.

The court ordered that Mr Blatch pay Ms Blatch's costs of and incidental to the application, amounting to $21,586.13, within 28 days from the date of the order. This decision underscores the importance of adherence to court orders in family law matters and the court's willingness to impose costs on a party who acts contrary to its directives. The order highlights the court's role in protecting the rights of parties and ensuring that legal processes are respected.

Orders

Orders of the court

SYC 1613 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR BLATCH

Applicant

AND:

MS BLATCH

Respondent

order made by:

SCHONELL J

DATE OF ORDER:

10 AUGUST 2022

THE COURT ORDERS THAT:

1. That within 28 days from the date of these orders, the applicant husband pay the respondent wife’s costs of and incidental to the Application in a Proceeding filed on 5 July 2022 and determined on 11 July 2022, on an indemnity basis, in the amount of $21,586.13.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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