Doran and Keyes and Anor (No.2)

Case

[2017] FCCA 2205

10 July 2017


Details
AGLC Case Decision Date
Doran and Keyes and Anor (No.2) [2017] FCCA 2205 [2017] FCCA 2205 10 July 2017

CaseChat Overview and Summary

In *Doran and Keyes and Anor (No.2)*, Judge Willis of the Federal Circuit Court of Australia considered an application for costs following property proceedings between a de facto husband (the Applicant) and a de facto wife (the Respondent). The proceedings also involved an intervenor. The court was asked to determine the quantum and allocation of legal costs incurred by the Respondent and the Intervenor.

The primary legal issues before the court were the assessment of the Respondent de facto wife's legal costs, including the reasonableness of engaging senior counsel, and the assessment of the Intervenor's legal costs, also considering the reasonableness of engaging counsel. The court was also required to determine how these costs would be paid and deducted from existing property orders.

Judge Willis ordered that the Applicant de facto husband pay the Respondent de facto wife's costs of and incidental to the property proceedings on a party/party basis, certifying that it was reasonable for her to employ senior counsel. Similarly, the Applicant was ordered to pay the Intervenor's costs on a party/party basis, with certification for the reasonableness of engaging counsel. The court further ordered that the costs payable by the Applicant to the Respondent and the Intervenor be deducted from the amount the Respondent was to pay the Applicant under a previous property order. All outstanding property applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Penfold v Penfold [1980] HCA 4
Mallet v Mallet [1984] HCA 21