COUSINS & PEAKE (No.2)

FEDERAL CIRCUIT COURT OF AUSTRALIA

COUSINS & PEAKE (No.2) [2017] FCCA 2431

Catchwords:
CHILD SUPPORT – Costs – the Father’s application the Mother pay his costs arising from the Mother’s applications for a child support departure order and for an enforcement of orders made 26 June 2014 – where the Mother was wholly unsuccessful in her application for a departure order – where the Father made appropriate and reasonable offers to settle the proceedings throughout.

HELD – orders made that the Mother pay the Father’s costs arising from her applications in accordance with the Federal Circuit Court scale.

Legislation:

Family Law Act 1975 (Cth), s.117

Cases cited:

D & D (Costs) (No.2) (2010) FLC 93-435

Applicant: MR COUSINS

Respondent: MS PEAKE

File Number: MLC 4941 of 2014

Judgment of: Judge Bender

Hearing date: Not applicable

Date of Last Submission: 14 December 2016

Delivered at: Melbourne

Delivered on: 10 November 2017

REPRESENTATION

Counsel for the Applicant: Self-represented

Solicitors for the Applicant: Not applicable

Counsel for the Respondent: Self-represented

Solicitors for the Respondent: Not applicable

ORDERS

1. On or before 9 February 2018 the Mother pay the Father’s costs arising from the Mother’s child support departure application filed 11 November 2014 and her Application in a Case filed 13 November 2015 fixed in the sum of $8,932.

IT IS NOTED that publication of this judgment under the pseudonym Cousins & Peake (No.2) is approved pursuant to s.110X(4)(h) of the Child Support (Registration and Collection) Act 1988 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 4941 of 2014

MR COUSINS

Applicant

And

MS PEAKE

Respondent

REASONS FOR JUDGMENT

1. In this matter I handed down judgment on 9 November 2016 in relation to the Mother’s application for a child support departure order filed

   
   

   11 November 2014 and her Application in a Case filed 13 November 2016 seeking enforcement of alleged monies owing to the Mother by the Father pursuant to order 8 of the orders made by the Court on 26 June 2014.

2. In relation to the child support departure order application, the orders of 9 November 2016 provide for the Father to pay one half of any medical and dental gap expenses in relation to the parties’ two children [X] born (omitted) 2008 and [Y] born (omitted) 2010 for treatment and procedures that the parties have agreed to prior to such treatment or procedures taking place. The Father consented to this order being made. The orders provide that the application for a child support departure order be otherwise dismissed.

3. The Mother’s applications were first listed for final hearing on 24 June 2016, but were unable to proceed due to the Mother’s failure to have her trial material properly before the Court. The matter was adjourned to 1 September 2016 for hearing and directions made for the filing of material. A notation to the orders made 24 June 2016 states:  

   “The Husband this day offered to resolve the matter on the basis he will pay half of medical gap payments and half of school…