Federal Circuit and Family Court of Australia
(DIVISION 2)
Cousins & Peake (No 2) [2022] FedCFamC2F 1660
File number(s): MLC 4941 of 2014 Judgment of: JUDGE GLASS Date of judgment: 2 December 2022 Catchwords: FAMILY LAW – CONTEMPT APPLICATIONS – where there is no prima facie case – applications dismissed
FAMILY LAW – COSTS – where the circumstances justify orders for costs in favour of the Respondent and the Independent Children’s Lawyer
Legislation: Family Law Act 1975 (Cth) ss 102NA, 112AP(1)(a), 112AD, 117(1), 117(2), 121, 121(9)
Federal Circuit Court Rules 2001 (Cth) r l5A.l6, 16A.16
Cases cited: DAI & DAA (2005) FLC 93-215
De Roma & De Roma [2013] FamCA 566
Ibbotson & Wincen (1994) FLC 92-496
Kramer & Another & Ward (2017) FLC 93-817
Lenova & Lenova (Costs) [2011] FamCAFC 141
M & M (1990) FLC 92-106
Mallory & Mallory [2020] FamCAFC 62
Medlow & Medlow (2017) FLC 93-796
Peda & Feaster & Anor (2019) FLC 93-890
Re JJT & Ors; ex parte Victoria Legal Aid (1998) 195 CLR 184
Redmond & Redmond & Ors (2013) FLC 93-557
Sahari & Sahari (1976) FLC 90-086
Stradford & Stradford (2019) FLC 93-888
Tate & Tate (2002) FLC 93-107
Witham & Holloway (1995) 183 CLR 525
Zamir & Zamir [2022] FedCFamC1A 193
Division: Division 2 Family Law Number of paragraphs: 40 Date of last submission/s: 28 November 2022 Date of hearing: 28 November 2022 Place: Melbourne Counsel for the Applicant: Ms Wiener Solicitor for the Applicant: Brendan Rothschild Legal Group Counsel for the Respondent: Ms Teicher Solicitor for the Respondent: PFJS Lawyers Counsel for the Independent Children's Lawyer: Mr Heggie Solicitor for the Independent Children's Lawyer: Southern Family Law ORDERS
MLC 4941 of 2014 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS PEAKE
Applicant
AND: MR COUSINS
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
JUDGE GLASS
DATE OF ORDER:
28 November 2022
THE COURT ORDERS THAT:
1.The Applicant’s Contempt Applications filed on 20 December 2018, 3 July 2019 and 1 July 2022, be dismissed.
2.The Applicant pay the Respondent’s costs fixed in the sum of $8,557.50.
3.The Applicant pay the Independent Children’s Lawyer costs fixed in the sum of $3,329.00.
4.Payments referred to in paragraphs 2 and 3 herewith, be stayed for a period of 60 days from the date of these Orders.
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…
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- [2022] FedCFamC2F 1660
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CaseChat Overview and Summary
The Court also found that the circumstances justified an order for costs in favour of Mr Cousins and the Independent Children's Lawyer. Ms Peake had been wholly unsuccessful in the proceedings, and her pursuit of the unmeritorious applications had delayed the determination of outstanding applications for parenting orders. The Independent Children's Lawyer had also been put to the expense of participating in proceedings that were unsuccessful and should not have been prosecuted. The Court fixed Mr Cousins' costs at scale and the Independent Children's Lawyer's costs at a sum less than scale, being the actual costs incurred. The payments were to be stayed for a period of 60 days from the date of the orders.
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