CLEWER & CLEWER (No.2)

Case

[2019] FCCA 938

12 February 2019


Details
AGLC Case Decision Date
Clewer and Clewer (No.2) [2019] FCCA 938 [2019] FCCA 938 12 February 2019

CaseChat Overview and Summary

This matter concerned an application for costs following the payment of a sum of $100,000 by the wife to the husband, pursuant to earlier court orders. The dispute arose in the context of ongoing family law proceedings.

The primary legal issues before the court were whether interest was payable on the $100,000 sum paid by the wife, and how the costs of the current proceedings should be allocated between the parties. Additionally, the court considered the appropriate disposition of related proceedings before the Federal Circuit Court.

Judge Harman determined that no interest was payable by the wife to the husband on the $100,000 payment, applying section 117B(2) of the *Family Law Act 1975* (Cth). The court ordered that each party bear their own costs for the current proceedings. Furthermore, the court made orders restraining the parties from taking any further steps in related Federal Circuit Court proceedings, except for the purpose of discontinuing them, to facilitate their dismissal without any order as to costs. All outstanding applications and responses were withdrawn and dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Injunction

  • Remedies

  • Stay of Proceedings

Actions
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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

5

Simic & Norton [2017] FamCA 1007