Budiarti and Zavahir and Anor

Case

[2016] FamCA 1135

12 December 2016


Details
AGLC Case Decision Date
Budiarti and Zavahir and Anor [2016] FamCA 1135 [2016] FamCA 1135 12 December 2016

CaseChat Overview and Summary

In *Budiarti and Zavahir and Anor*, Forrest J of the Federal Circuit and Family Court of Australia considered an application for costs made by the paternal grandmother. The precise nature of the underlying dispute between the husband and wife, which involved applications for orders under s 106B of the *Family Law Act 1975* (Cth) against the husband and his mother, was not detailed, but the grandmother's costs application arose within this context.

The central legal issue before the court was whether to determine the paternal grandmother's application for costs at that stage of the proceedings, or to defer that determination.

Forrest J determined that the application for costs by the paternal grandmother should be adjourned. This decision was made to allow for further consideration at the conclusion of the property proceedings between the husband and wife. These property proceedings encompassed the applications made under s 106B of the *Family Law Act 1975* (Cth) against the husband and his mother.

Consequently, the court ordered that the application for costs made by the paternal grandmother be adjourned for further consideration at the conclusion of the property proceedings. The paternal grandmother was granted liberty to apply.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Standing

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