Cabb and Cabb (No 2)
Case
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[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.
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
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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Summary Judgment
Actions
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Citations
Cabb and Cabb (No 2) [2013] FamCA 921
Cases Citing This Decision
0
Cases Cited
14
Statutory Material Cited
1
Prantage & Prantage
[2013] FamCAFC 105
Oshlack v Richmond River Council
[1998] HCA 11
Harrison v Schipp
[2001] NSWCA 13