D and D
[2005] FMCAfam 105
•10 February 2005
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| D & D | [2005] FMCAfam 105 |
| FAMILY LAW – Costs. |
Family Law Act 1975
| Applicant: | KJD |
| Respondent: | RD |
| File No: | MLM 6874 of 2002 |
| Delivered on: | 10 February 2005 |
| Delivered at: | Geelong |
| Hearing Date: | 10 February 2005 |
| Judgment of: | Riethmuller FM |
REPRESENTATION
| Counsel for the Applicant: | Mr G. Ambrose |
| Solicitors for the Applicant: | Victoria Legal Aid |
| Counsel for the Respondent: | Mr D appeared on his own behalf |
ORDERS
There be no order as to costs.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLM 6874 of 2002
| KJD |
Applicant
and
| RD |
Respondent
REASONS FOR JUDGMENT
(revised from transcript)
In this case the wife is obliged to seek costs in accordance with her legal aid grant. I must consider the application in terms of section 117 of the Family Law Act 1975.
The wife obtained orders as she sought.
I take into account the very poor financial circumstances of both parties.
Mr D has conducted himself very pleasantly and carefully through the hearing and has not sought to cause delay or be unreasonable. Ultimately Mr D has agreed to the orders sought after he understood the basis for such orders. This occurred as a result of discussions with me during addresses.
In this case I take into account what seems to me to be the most significant factor leading to legal expenses, namely, that there was not a duty lawyer available to advise Mr D because Legal Aid funded the wife and claimed that there was a conflict of interest. It seems to me that had Legal Aid expended a very small amount of money earlier in the week (by engaging one of the plethora of experienced solicitors attending the duty day to act as a duty lawyer for a short time) there would not have been a trial.
I do not see that in these circumstances it would be appropriate to visit the costs upon him in this case.
I therefore make no order as to costs.
I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Riethmuller FM
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