Chen and Chen and Ors

[2019] FamCA 88

FAMILY COURT OF AUSTRALIA

CHEN & CHEN AND ORS [2019] FamCA 88

FAMILY LAW – COSTS

Family Law Act 1975 (Cth)

APPLICANT: Ms Chen

FIRST RESPONDENT: Mr Chen

SECOND RESPONDENT: Ms Quen

THIRD RESPONDENT: C Pty Ltd (ACN …)

FOURTH RESPONDENT: Quen Pty Ltd (ACN …)

FIFTH RESPONDENT: E Pty Ltd (ACN …)

SIXTH RESPONDENT: F Pty Ltd (ACN …)

SEVENTH RESPONDENT: G Pty Ltd (ACN …)

EIGHTH RESPONDENT: Mr A Chen

NINTH RESPONDENT: Mr B Chen

TENTH RESPONDENT: Mr C Chen

FILE NUMBER: MLC 5805 of 2016

DATE DELIVERED: 26 February 2019

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 7 February 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT:	Ms Smallwood
SOLICITOR FOR THE APPLICANT:	Taussig Cherrie Fildes

COUNSEL FOR THE FIRST RESPONDENT: Mr Wilson

SOLICITOR FOR THE FIRST 

RESPONDENT:

Bowlen Dunstan and Associates

COUNSEL FOR THE SECOND

RESPONDENT:

Mr Glick QC

SOLICITOR FOR THE SECOND

RESPONDENT:

Kenna Teasdale Lawyers

THIRD TO TENTH RESPONDENTS:

No Appearance

Orders

1. That the second respondent pay the costs of the wife arising out of the application to set aside the financial agreement on the basis that the wife’s costs are calculated on the scale set out in the Family Law Rules 2004 but only for senior and junior counsel and one solicitor for 11 days and of that 11 days, one-third of the wife’s costs shall be borne by the second respondent.

2. That the costs referred to in paragraph 1 of these orders be by agreement and failing agreement as assessed.

3. That the costs as assessed or agreed shall be offset against the order for costs made on 18 October 2018.

4. That the enforcement of the order for costs made on 18 October 2018 is stayed until the determination of the agreed on assessed costs order.

5. That the application in a case filed 2 November 2018 and the response thereto filed 23 November 2018 are otherwise dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Chen & Chen and Ors has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC5805 OF 2016

Ms Chen

Applicant

And

Mr Chen

Respondent

And

Ms Quen

Second Respondent

And

C Pty Ltd (ACN …)

Third Respondent

And

Quen Pty Ltd (ACN …)

Fourth Respondent

And

E Pty Ltd (ACN …)

Fifth Respondent

And

F Pty Ltd (ACN …)

Sixth Respondent

And

G Pty Ltd (ACN …)

Seventh Respondent

And

Mr A Chen

Eighth Respondent

And

Mr B Chen

Ninth Respondent

And

Mr C Chen

Tenth…