Dent and Melville and Anor
Case
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[2009] FamCA 628
•10 July 2009
Details
AGLC
Case
Decision Date
Dent and Melville and Anor [2009] FamCA 628
[2009] FamCA 628
10 July 2009
CaseChat Overview and Summary
In the matter of *Dent and Melville and Anor*, Cronin J of the Supreme Court of Tasmania was required to determine the outcome of applications made by the husband in a case filed on 20 May 2009. The proceedings involved the wife and a third party, F Solicitors.
The primary legal issue before the court was the disposition of the husband's application, which had been noted as discontinued. Consequently, the court was required to consider the appropriate orders regarding costs arising from this discontinuance, both in relation to the wife and the third party, F Solicitors.
Cronin J ordered that the husband's application be discontinued. The court further ordered that the husband pay the wife's costs, fixed at $19,919.78, with a payment deadline of 10 August 2009. If this sum was not paid by the specified date, the wife was permitted to satisfy the obligation by deducting the amount from a sum due to the husband under prior orders. Similarly, the husband was ordered to pay the costs of the third party, F Solicitors, fixed at $3050, also payable by 10 August 2009. Provisions were made for the payment of these costs by the wife's solicitors in certain circumstances, contingent on the availability of funds from the husband's prior entitlements. The court also directed that the reasons for judgment be transcribed and made available to the parties.
The primary legal issue before the court was the disposition of the husband's application, which had been noted as discontinued. Consequently, the court was required to consider the appropriate orders regarding costs arising from this discontinuance, both in relation to the wife and the third party, F Solicitors.
Cronin J ordered that the husband's application be discontinued. The court further ordered that the husband pay the wife's costs, fixed at $19,919.78, with a payment deadline of 10 August 2009. If this sum was not paid by the specified date, the wife was permitted to satisfy the obligation by deducting the amount from a sum due to the husband under prior orders. Similarly, the husband was ordered to pay the costs of the third party, F Solicitors, fixed at $3050, also payable by 10 August 2009. Provisions were made for the payment of these costs by the wife's solicitors in certain circumstances, contingent on the availability of funds from the husband's prior entitlements. The court also directed that the reasons for judgment be transcribed and made available to the parties.
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
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Remedies
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Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
1
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[1993] FCA 801