Delwyn and Delwyn
Case
•
[2016] FamCA 879
•14 October 2016
Details
AGLC
Case
Decision Date
Delwyn and Delwyn [2016] FamCA 879
[2016] FamCA 879
14 October 2016
CaseChat Overview and Summary
In *Delwyn and Delwyn*, Foster J of the Family Court of Australia considered an application by the wife concerning costs. The specific nature of the dispute leading to this costs application is not detailed in the provided text, beyond the wife having filed an application on 21 October 2015.
The central legal issue before the court was the basis upon which the wife should pay the husband's costs. Specifically, the court was required to determine whether the costs should be awarded on a standard basis or on an indemnity basis.
Foster J ordered that the wife pay the husband’s costs of and incidental to the application filed by the wife on 21 October 2015 on an indemnity basis. This order was to be agreed upon within one month of the date of the judgment, or otherwise assessed by the court.
The central legal issue before the court was the basis upon which the wife should pay the husband's costs. Specifically, the court was required to determine whether the costs should be awarded on a standard basis or on an indemnity basis.
Foster J ordered that the wife pay the husband’s costs of and incidental to the application filed by the wife on 21 October 2015 on an indemnity basis. This order was to be agreed upon within one month of the date of the judgment, or otherwise assessed by the court.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
Actions
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Citations
Delwyn and Delwyn [2016] FamCA 879
Most Recent Citation
Sahni and Kamdar [2018] FCCA 937
Cases Cited
7
Statutory Material Cited
2
Penfold v Penfold
[1980] HCA 4
Penfold v Penfold
[1980] HCA 4
Hawkins & Roe
[2012] FamCAFC 77