Cansdall and Cansdall (No.2)
Case
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[2020] FCCA 1930
•12 June 2020
Details
AGLC
Case
Decision Date
Cansdall and Cansdall (No.2) [2020] FCCA 1930
[2020] FCCA 1930
12 June 2020
CaseChat Overview and Summary
In *Cansdall and Cansdall (No.2)*, the applicant sought orders from Judge Mercuri in the Federal Circuit Court of Australia. The precise nature of the dispute is not detailed in the provided text, but it concerns the costs of proceedings.
The primary legal issue before the court was the basis upon which the applicant should pay the respondent's costs. This involved determining whether the costs should be awarded on a standard or indemnity basis.
Judge Mercuri ordered that the applicant pay the respondent's costs on an indemnity basis, fixing the sum at $14,605. These costs were to be paid by way of an adjustment to the surplus funds already payable to the parties under a previous order made on 14 November 2018. The court also issued a note reminding parties of the provisions of section 121 of the *Family Law Act 1975* (Cth) regarding the publication of family law proceedings.
The primary legal issue before the court was the basis upon which the applicant should pay the respondent's costs. This involved determining whether the costs should be awarded on a standard or indemnity basis.
Judge Mercuri ordered that the applicant pay the respondent's costs on an indemnity basis, fixing the sum at $14,605. These costs were to be paid by way of an adjustment to the surplus funds already payable to the parties under a previous order made on 14 November 2018. The court also issued a note reminding parties of the provisions of section 121 of the *Family Law Act 1975* (Cth) regarding the publication of family law proceedings.
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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Statutory Construction
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