Chifley and Ha
Case
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[2017] FamCA 683
•6 September 2017
Details
AGLC
Case
Decision Date
Chifley and Ha [2017] FamCA 683
[2017] FamCA 683
6 September 2017
CaseChat Overview and Summary
In the matter of *Chifley and Ha*, the applicant, Ms Chifley, sought costs against the respondent, Ms Ha, following an application filed by Ms Ha on 5 June 2017. The application sought orders against Ms Chifley, including costs related to legal advice, correspondence, and counsel's attendance on 24 June 2017. The decision was made by Rees J.
The central legal issue before the court was the basis upon which Ms Ha should be ordered to pay Ms Chifley's costs. Specifically, the court was required to determine whether the costs should be awarded on a standard basis or an indemnity basis.
Rees J ordered that Ms Ha pay the costs of Ms Chifley in relation to Ms Ha's application filed on 5 June 2017. Crucially, the court ordered that these costs be paid on an indemnity basis, as assessed or agreed. This indicates that the court found circumstances warranting a higher level of cost recovery for Ms Chifley than would typically be awarded on a standard basis.
The central legal issue before the court was the basis upon which Ms Ha should be ordered to pay Ms Chifley's costs. Specifically, the court was required to determine whether the costs should be awarded on a standard basis or an indemnity basis.
Rees J ordered that Ms Ha pay the costs of Ms Chifley in relation to Ms Ha's application filed on 5 June 2017. Crucially, the court ordered that these costs be paid on an indemnity basis, as assessed or agreed. This indicates that the court found circumstances warranting a higher level of cost recovery for Ms Chifley than would typically be awarded on a standard basis.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
Actions
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Citations
Chifley and Ha [2017] FamCA 683
Most Recent Citation
Cun & Zhihui (No 4) [2023] FedCFamC1F 581
Cases Citing This Decision
4
Stopford Malloy & Malloy
[2021] FamCA 100
HAWKING & HAWKING
[2018] FamCA 890
Riemann & Riemann and Ors (No. 3)
[2017] FamCA 911
Cases Cited
11
Statutory Material Cited
2
Lenova & Lenova (Costs)
[2011] FamCAFC 141
Oshlack v Richmond River Council
[1998] HCA 11
Oshlack v Richmond River Council
[1998] HCA 11