Cabb and Cabb (No 2)

Case

[2013] FamCA 921

27 November 2013


Details
AGLC Case Decision Date
Cabb and Cabb (No 2) [2013] FamCA 921 [2013] FamCA 921 27 November 2013

CaseChat Overview and Summary

In *Cabb and Cabb (No 2)*, Rees J of the Family Court of Australia considered an application for summary dismissal. The specific nature of the dispute between the parties, the husband and wife, is not detailed in the provided text, beyond the fact that the wife was ordered to pay the husband's costs of this application.

The central legal issue before the court was whether the husband's application for summary dismissal should be granted. The court was required to determine the appropriate basis for assessing the costs associated with this application.

Rees J ordered that the wife pay the husband's costs of the application for summary dismissal filed on 5 February 2013. Crucially, these costs were to be assessed on a solicitor/client basis, indicating a higher level of indemnity than standard party/party costs. The court also certified that the matter warranted the briefing of Senior Counsel.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Summary Judgment

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

14

Statutory Material Cited

1

Prantage & Prantage [2013] FamCAFC 105
Harrison v Schipp [2001] NSWCA 13