Coulter & Gerardine

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Jurisdiction

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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

Cachia v Hanes [1994] HCA 14