Boston & Boston (No. 3)

Case

[2013] FamCA 923

29 November 2013


Details
AGLC Case Decision Date
Boston & Boston (No 3) [2013] FamCA 923 [2013] FamCA 923 29 November 2013

CaseChat Overview and Summary

In *Boston & Boston (No. 3)*, Dawe J of the Federal Circuit and Family Court of Australia considered an application concerning costs in ongoing family law proceedings between a wife and a husband. The dispute specifically related to the costs incurred by the husband in relation to an application filed on 8 May 2013, and the costs incurred by both parties both before and after specific dates.

The court was required to determine the appropriate orders regarding the costs of the husband's application filed on 8 May 2013, and to decide whether to reserve the question of costs for the final hearing of the proceedings, specifically for costs incurred before 8 May 2013 and after 31 May 2013.

Dawe J ordered that the wife pay the husband's costs of the application filed on 8 May 2013, as incurred between 8 May 2013 and 31 May 2013, on a party and party basis. These costs were to be determined by agreement within twenty-one days, or failing agreement, to be assessed by a Registrar in accordance with Chapter 19 of the *Family Law Rules 2004* (Cth). The court further ordered that the question of the costs of both parties incurred before 8 May 2013 and after 31 May 2013 be reserved to the final hearing of the proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

Actions
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Cases Citing This Decision

1

Boston and Boston (No 4) [2016] FamCA 1150
Cases Cited

12

Statutory Material Cited

2

BOSTON & BOSTON [2013] FamCA 439
Prantage & Prantage [2013] FamCAFC 105
Norbis v Norbis [1986] HCA 17