Bligh and Bligh
Case
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[2009] FamCA 1170
•25 November 2009
Details
AGLC
Case
Decision Date
Bligh and Bligh [2009] FamCA 1170
[2009] FamCA 1170
25 November 2009
CaseChat Overview and Summary
In the matter of *Bligh and Bligh*, heard before Mushin J, the dispute concerned the costs of the independent children's lawyer. The husband and wife were the parties involved, and the court was tasked with determining how these costs should be allocated between them.
The primary legal issue before the court was the apportionment of the costs incurred by the independent children's lawyer. This involved considering the general principles of cost orders in family law proceedings and whether any specific circumstances warranted a departure from the usual order for equal contribution by the parties.
Mushin J ordered that, failing agreement between the parties within 28 days, the costs of the independent children's lawyer would be assessed as between parties and paid in equal proportions by the husband and wife. However, the court made specific exceptions to this general order. The wife was ordered to bear the costs relating to 16 June 2009 and 2 July 2009, while the husband was ordered to bear the costs relating to 8 October 2009.
The primary legal issue before the court was the apportionment of the costs incurred by the independent children's lawyer. This involved considering the general principles of cost orders in family law proceedings and whether any specific circumstances warranted a departure from the usual order for equal contribution by the parties.
Mushin J ordered that, failing agreement between the parties within 28 days, the costs of the independent children's lawyer would be assessed as between parties and paid in equal proportions by the husband and wife. However, the court made specific exceptions to this general order. The wife was ordered to bear the costs relating to 16 June 2009 and 2 July 2009, while the husband was ordered to bear the costs relating to 8 October 2009.
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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Remedies
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Citations
Bligh and Bligh [2009] FamCA 1170
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