Dunn and Dunn

Case

[2009] FamCA 672

11 June 2009


Details
AGLC Case Decision Date
Dunn and Dunn [2009] FamCA 672 [2009] FamCA 672 11 June 2009

CaseChat Overview and Summary

In *Dunn and Dunn*, Collier J considered the final disposition of costs and related matters following a trial. The proceedings involved a husband and wife, and the dispute concerned the division of property and associated costs.

The court was required to determine the quantum and payment of costs, the distribution of funds held in trust by the parties' solicitors, and the dismissal of outstanding applications and issues. Specifically, the court had to address the wife's entitlement to costs from the trial, the mechanism for their payment, and the management of a sum held in trust pending further orders or agreement.

Collier J ordered that the husband pay four-fifths of the wife's costs for the trial, with the amount to be agreed or assessed. These costs were to be paid within two months of a costs assessment certificate. The court also directed that $5,000 from a jointly held trust fund be paid to the wife in satisfaction of prior cost orders, with the remaining balance to be held by the solicitors pending further direction or court order. All outstanding cost orders, applications, and cross-applications were dismissed, and all issues were removed from the pending cases list. Liberty was granted to either party to restore the matter to the list on 14 days' notice.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Appeal

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