FEDERAL CIRCUIT COURT OF AUSTRALIA
| CAINE & CAINE (No.2) | [2020] FCCA 3473 |
| Catchwords: FAMILY LAW– The Family Law Act 1975 (Cth) and related legislation – Marriage counselling, mediation and arbitration – procedural fairness – adequacy of reasons. |
| Legislation: Family Law Act 1975 (Cth), ss.13C, 13E, 13H, 13J, 13K, 117(2) |
| Cases cited: Bevan & Bevan (2014) FLC ¶93–572 Braddon & Braddon [2018] FCCA 1845 Brandt, In the marriage of (1997) 22 Fam LR 97 Calder & Calder (2016) FLC ¶93–691 Chapman & Chapman (2014) FLC ¶93–592 Dickons & Dickons (2012) 50 Fam LR 244 Ex Parte Fealey (1897) 18 NSWLR (L) 282 Goh v Ren (2020) 61 Fam LR 508 Gutherie & Gutherie (1995) FLC ¶92–647 Hala v Minister for Justice (2015) 145 ALD 552 Horsley v Horsley (1991) FLC 92-205 Kioa v West (1985) 159 CLR 550 Lovett v McGregor (2019) FLC 93-935 Marcon and Cussen [2017] FamCAFC 150 Merriman v Merriman (1993) FLC 92-422 Oil Basins Ltd v BHP Billiton Ltd (2007) 18 VR 346 Bremer Handelsgesellschaft mbH v Westzucker GmbH (No 2) [1981] 2 Lloyd’s Rep 130 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam (2003) 214 CLR 1 Scrymegeour & Scrymegeour (2014) FLC ¶93–600 Stanford v Stanford (2012) 247 CLR 108 Snedden v Minister for Justice for the Commonwealth of Australia (2014) 230 FCR 82 Westport Insurance Corporation v Gordian Runoff Ltd (2011) 244 CLR 239 |
| Applicant: | MR CAINE |
| Respondent: | MS CAINE |
| File Number: | BRC 6733 of 2017 |
| Judgment of: | Judge Jarrett |
| Hearing date: | 28 May 2020 |
| Date of Last Submission: | 28 May 2020 |
| Delivered at: | Brisbane |
| Delivered on: | 18 December 2020 |
REPRESENTATION
| Counsel for the Applicant: | Mr Crofts |
| Solicitors for the Applicant: | McKean Park Lawyers |
| Counsel for the Respondent: | Mr Alexander |
| Solicitors for the Respondent: | Evans Brandon Family Lawyers |
ORDERS
The third further amended application in a case filed on 30 April, 2020 be dismissed.
Any applications for costs shall be made by the applicant for any costs order filing and serving within 28 days of the date of these orders, written submissions specifying the orders for costs sought and the submissions in support of those orders together with any affidavit upon which the applicant for costs seeks to rely in the costs application.
In the event an application for costs is made, the respondent to such application shall, no later than 28 days from the date upon which the respondent is served with the documents required by order 2 hereof, file and serve written submissions specifying the orders sought by the respondent and the submissions in support of those orders together with any affidavit upon which the respondent to the costs application seeks to rely.
Any application shall be determined on the papers save where a party specifically requests an oral hearing on the question of costs in their written submissions filed in accordance with either order 2 or 3 hereof.
IT IS NOTED that publication of this judgment under the pseudonym Caine…
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- CAINE & CAINE (No.2) [2020] FCCA 3473
- Case
- [2020] FCCA 3473
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the application filed on 30 April 2020 should be dismissed, and how any applications for costs should be managed. The court was required to determine the appropriate procedural steps for parties seeking or opposing costs orders, including the timeframe for submissions and the potential for oral hearings.
Judge Jarrett ordered the dismissal of the third further amended application filed on 30 April 2020. The court then established a detailed process for any subsequent applications for costs. This process mandates that the applicant for costs must file and serve written submissions and any supporting affidavits within 28 days. The respondent to such an application has a further 28 days to file and serve their own submissions and affidavits. Unless a party specifically requests an oral hearing in their submissions, any costs applications will be determined on the papers.
Orders
Orders of the court
1.
The third further amended application in a case filed on 30 April, 2020 be dismissed.
2.
Any applications for costs shall be made by the applicant for any costs order filing and serving within 28 days of the date of these orders, written submissions specifying the orders for costs sought and the submissions in support of those orders together with any affidavit upon which the applicant for costs seeks to rely in the costs application.
3.
In the event an application for costs is made, the respondent to such application shall, no later than 28 days from the date upon which the respondent is served with the documents required by order 2 hereof, file and serve written submissions specifying the orders sought by the respondent and the submissions in support of those orders together with any affidavit upon which the respondent to the costs application seeks to rely.
4.
Any application shall be determined on the papers save where a party specifically requests an oral hearing on the question of costs in their written submissions filed in accordance with either order 2 or 3 hereof.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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