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:
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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- Blatch & Blatch (No 4) [2022] FedCFamC1F 578
- Case
- [2022] FedCFamC1F 578
- Decision Date
CaseChat Overview and Summary
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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