Burnham and Mullane

Case

[2016] FamCA 908

28 October 2016


Details
AGLC Case Decision Date
Burnham and Mullane [2016] FamCA 908 [2016] FamCA 908 28 October 2016

CaseChat Overview and Summary

In *Burnham and Mullane*, heard by McClelland J in the Federal Circuit Court of Australia, the dispute concerned an application filed by the mother on 27 April 2016. The specific nature of the dispute is not detailed in the provided text, but the outcome relates to the costs associated with this application.

The primary legal issue before the court was the determination of costs following the mother's Initiating Application. The court was required to decide whether the father should bear the costs of this application and, if so, on what basis.

McClelland J ordered that the father pay the costs of the mother in relation to the Initiating Application filed on 27 April 2016. These costs were to be assessed on a party/party basis, meaning they would be limited to those costs that were reasonably incurred and necessary for the proceedings, as opposed to solicitor/client costs which are generally broader. The order also noted that the precise form of the order was subject to its formal entry into the Court’s records.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

9

Statutory Material Cited

13

Mullane and Burnham [2016] FamCA 574
Penfold v Penfold [1980] HCA 4
Penfold v Penfold [1980] HCA 4