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.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

2

AITKEN & PORTEUS [2016] FCCA 2029
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