Chosar & Chosar (No 2)

[2023] FedCFamC2F 1391

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Chosar & Chosar (No 2) [2023] FedCFamC2F 1391

File number(s):

PAC 5076 of 2019

Judgment of:

JUDGE NEWBRUN

Date of judgment:

30 October 2023

Catchwords:

FAMILY LAW – PARENTING – Costs

FAMILY LAW – PROPERTY – Costs

Legislation:

Family Law Act 1975 (Cth) s 117

Division:

Division 2 Family Law

Number of paragraphs:

24

Date of hearing:

16 October 2023

Place:

Parramatta

Counsel for the Applicant:

Mr Macarounas

Solicitor for the Applicant:

Rowlandson & Co Solicitors

Solicitor for the Respondent:

Mr Vassili

ORDERS

PAC 5076 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS CHOSAR

Applicant

AND:

MR CHOSAR

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	JUDGE NEWBRUN
DATE OF ORDER:	30 OCTOBER 2023

THE COURT ORDERS THAT:

1.The wife’s Application in a Proceeding filed 25 July 2023 is dismissed.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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

REASONS FOR JUDGMENT

JUDGE NEWBRUN

1. This is the determination of the wife’s application for costs against the husband in relation to parenting and property proceedings which were the subject of final Orders made by the Court on 16 June 2023.[1]

   [1] Chosar & Chosar [2023] FedCFamC2F 735.

2. The wife’s application for costs against the husband was set out in her Application in a Proceeding filed 25 July 2023.

3. The husband opposed the wife’s above Application as set out in his Response filed 11 August 2023. 

   PROPOSALS

4. The wife proposes:

   1.That the respondent subject to order 2, pay the applicant's costs of and incidental to these proceedings.

   2.That the respondent pay the applicant's costs of and incidental to these proceedings:-

   2.1on an indemnity basis; or

   2.2.in the alternative to 2.1 on a solicitor/client basis, or in the alternative on a party/party basis as agreed or assessed; or

   2.3in the alternative to orders 2.1 and 2.2, in accordance with Schedule 3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021; or

   2.4in the alternative to 2.1, 2.2 and 2.3, in lump sum form as assessed by this Honourable Court.

   3.That the respondent pay the applicant's costs of and incidental to this application.

5. The husband proposes:

   1.That the Application in a Proceeding filed 14 July 2023 be dismissed.

   2.That there…