Coulter & Gerardine
Case
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[2015] FamCA 287
•23 April 2015
Details
AGLC
Case
Decision Date
Coulter & Gerardine [2015] FamCA 287
[2015] FamCA 287
23 April 2015
CaseChat Overview and Summary
In *Coulter & Gerardine*, heard by Watts J, the dispute concerned the costs of family law proceedings between the applicant father and the respondent mother. The orders indicate a history of litigation between the parties, with specific periods for which costs were to be determined.
The primary legal issues before the court were the assessment of the respondent mother's costs incurred between 13 July 2012 and 7 February 2014, and the reasonableness of engaging senior counsel. The court was required to determine whether these costs should be paid by the applicant father on a party/party basis, and whether the engagement of senior counsel was a reasonable expense to be allowed on assessment.
Watts J ordered that the applicant father pay the respondent mother's costs for the specified period on a party/party basis, as agreed or assessed under Schedule 3 of the Family Law Rules 2004. Crucially, these costs were to include payment to the mother for her own legal work during that time, calculated according to the same rules. Furthermore, the court certified that it was reasonable for the mother to engage senior counsel for appearances before Cronin J on 19 October 2012 and on other occasions, and that such costs should be allowed on a party/party basis upon assessment by the Registrar.
The primary legal issues before the court were the assessment of the respondent mother's costs incurred between 13 July 2012 and 7 February 2014, and the reasonableness of engaging senior counsel. The court was required to determine whether these costs should be paid by the applicant father on a party/party basis, and whether the engagement of senior counsel was a reasonable expense to be allowed on assessment.
Watts J ordered that the applicant father pay the respondent mother's costs for the specified period on a party/party basis, as agreed or assessed under Schedule 3 of the Family Law Rules 2004. Crucially, these costs were to include payment to the mother for her own legal work during that time, calculated according to the same rules. Furthermore, the court certified that it was reasonable for the mother to engage senior counsel for appearances before Cronin J on 19 October 2012 and on other occasions, and that such costs should be allowed on a party/party basis upon assessment by the Registrar.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
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Jurisdiction
Actions
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Citations
Coulter & Gerardine [2015] FamCA 287
Most Recent Citation
Massalski & Riley (No 4) [2022] FedCFamC1F 832
Cases Citing This Decision
4
Grendel and Choat
[2019] FamCA 368
Masters (deceased) & Parsons
[2017] FamCA 391
Stewart & Stewart
[2017] FamCAFC 67
Cases Cited
8
Statutory Material Cited
3
Oshlack v Richmond River Council
[1998] HCA 11
Oshlack v Richmond River Council
[1998] HCA 11
Cachia v Hanes
[1994] HCA 14