Cheni and Stiller (No 2)
Case
•
[2016] FamCA 218
•8 April 2016
Details
AGLC
Case
Decision Date
Cheni and Stiller (No 2) [2016] FamCA 218
[2016] FamCA 218
8 April 2016
CaseChat Overview and Summary
In *Cheni and Stiller (No 2)*, Foster J of the Federal Circuit Court of Australia considered an application for costs following a contravention application filed by the applicant father. The dispute concerned the costs associated with the father's unsuccessful contravention application.
The primary legal issue before the court was the appropriate order for costs in relation to the contravention application. Specifically, the court had to determine whether the father, as the unsuccessful applicant, should be ordered to pay the respondent mother's costs.
Foster J ordered that the applicant father pay the respondent mother’s costs of and incidental to the contravention application filed by him on 4 September 2015, and of the present costs application. These costs were to be paid on a party/party basis, either as agreed within one month or otherwise as assessed.
The primary legal issue before the court was the appropriate order for costs in relation to the contravention application. Specifically, the court had to determine whether the father, as the unsuccessful applicant, should be ordered to pay the respondent mother's costs.
Foster J ordered that the applicant father pay the respondent mother’s costs of and incidental to the contravention application filed by him on 4 September 2015, and of the present costs application. These costs were to be paid on a party/party basis, either as agreed within one month or otherwise as assessed.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Family Law
Legal Concepts
-
Costs
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Aitken and Porteus [2016] FCCA 2029
Cases Citing This Decision
2
AITKEN & PORTEUS
[2016] FCCA 2029
Woodhouse and Woodhouse and Ors
[2016] FCCA 1744
Cases Cited
8
Statutory Material Cited
2
Cheni and Stiller
[2016] FamCA 57
Penfold v Penfold
[1980] HCA 4
Penfold v Penfold
[1980] HCA 4