FEDERAL CIRCUIT COURT OF AUSTRALIA
| DAVENPORT & DAVENPORT | [2020] FCCA 2765 |
| Catchwords: FAMILY LAW – Costs – whether justifying circumstances to make costs order – order for costs. |
| Legislation: Family Law Act 1975 (Cth), ss.79, 117(1), 117(2A), 117(2A)(c), 117(2A)(e) Federal Circuit Court of Australia Act 1999 (Cth), ss.66, 67, 68, 69 Federal Circuit Court Rules 2001 (Cth), rr.21.10, 21.02(2), 21.04, 20.01(1)(b) |
| Cases cited: Bant & Clayton (Costs) [2016] FamCAFC 35 Colgate-Palmolive v Cussons Pty Ltd (1993) 118 ALR 248 Parke & Estate of the Late A Parke (2016) FLC 93-748 Penfold & Penfold (1980) 144 CLR 311 Prantage v Prantage [2014] FamCA 850 Stephens & Stephens (2010) FamCAFC 117 |
| Applicant: | MS DAVENPORT |
| Respondent: | MR DAVENPORT |
| File Number: | BRC 787 of 2020 |
| Judgment of: | Judge Tonkin |
| Hearing date: | 21 August 2020 |
| Date of Last Submission: | 4 September 2020 |
| Delivered at: | Brisbane |
| Delivered on: | 8 October 2020 |
REPRESENTATION
| Counsel for the Applicant: | Ms R. Horsley |
| Solicitors for the Applicant: | Michael Lynch Family Lawyers |
| The Respondent appeared in person. |
ORDERS
Within twenty-eight (28) days of the date of these Orders, the husband pay the wife’s costs associated with his application for review filed on 20 April 2020 calculated in accordance with Schedule 1 of the Federal Circuit Court Rules 2001 (Cth) fixed in the sum of $6,806.50.
IT IS NOTED that publication of this judgment under the pseudonym Davenport & Davenport is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT BRISBANE |
BRC 787 of 2020
| MS DAVENPORT |
Applicant
And
| MR DAVENPORT |
Respondent
REASONS FOR JUDGMENT
Introduction
The wife brings an application for costs with respect to the husband’s application for review of the decision of the Registrar filed on 20 April 2020. That application was dismissed on 21 August 2020.
Background
The parties commenced cohabitation in 2015, were married in 2017 and separated under one roof on 5 April 2019. There are no children of the marriage. The duration of the relationship was approximately 3 years and 8 months. On 8 May 2020 the husband vacated the former matrimonial home at B Street, Suburb C.
On 22 January 2020 the wife commenced proceedings seeking interim and final orders with respect to adjustment of property interests under section 79 of the Family Law Act1975 (Cth).
On 10 March 2020 the husband filed a response seeking inter alia that “final orders application by the applicant be rejected as the applicant has not undertaken any genuine effort at mediation.”
Further, he sought interim orders as follows:
“1. Interim orders application by the applicant be rejected as the applicant has not undertaken any genuine effort at mediation;
2. The parties be directed to participate in a genuine effort at mediation of the financial dispute;
3. The parties agree to the appointment of a private mediator from a list of potential mediator names and the costs of the mediation be shared equally by both parties;
4. Interim orders be granted for the respondent to have shared…
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- AGLC
- DAVENPORT & DAVENPORT [2020] FCCA 2765
- Case
- [2020] FCCA 2765
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether there were justifying circumstances to make an order for costs against the husband in favour of the wife, and if so, the quantum of those costs.
Judge Tonkin found that justifying circumstances existed to make a costs order. The court ordered that the husband pay the wife's costs associated with his application for review, fixed at $6,806.50, to be paid within twenty-eight days of the date of the orders.
Orders
Orders of the court
1.
Within twenty-eight (28) days of the date of these Orders, the husband pay the wife’s costs associated with his application for review filed on 20 April 2020 calculated in accordance with Schedule 1 of the Federal Circuit Court Rules 2001 (Cth) fixed in the sum of $6,806.50.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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