E Auctioneers and Awle and Anor

FAMILY COURT OF AUSTRALIA

E AUCTIONEERS & AWLE AND ANOR [2009] FamCA 904

FAMILY LAW – COSTS – Costs of a third party

APPLICANT: E Auctioneers Pty Limited

1^st RESPONDENT: Mr Awle

2^nd RESPONDENT: Ms Awle

FILE NUMBER: SYC 25709 of 2009

DATE DELIVERED: 24 June 2009

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Loughnan JR

HEARING DATE: 24 June 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Gillies

SOLICITOR FOR THE APPLICANT: Minter Ellison

COUNSEL FOR THE 1^ST RESPONDENT: Mr Hodgson

SOLICITOR FOR THE 1^ST RESPONDENT: Julie Singleton

COUNSEL FOR THE 2^ND RESPONDENT: Ms Carr

SOLICITOR FOR THE 2^ND RESPONDENT: Shaw Reynolds Bowen & Gerathy

COUNSEL FOR PROPOSED INTERVENOR: Ms Gillies

Orders

1. That the applicant pay to the solicitor for the husband the costs of the husband of and incidental to an application filed 25 May 2009, such costs to be as agreed or as assessed by a taxing officer.  Subject to the taxation process, payments to be made 14 days after the conclusion of an agreement or assessment. 

2. I adjourn the proceedings in relation to issues of interim costs, interim spousal maintenance and child support to the judicial duty list at 9.30 am on 28 July.

3. That the wife file and serve a financial statement and all affidavit evidence on which she seeks to rely within seven days and that the husband file and serve any material in response within a further 14 days thereafter. 

IT IS NOTED that publication of this judgment under the pseudonym E Auctioneers & Awle and Anor is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 25709  of 2009

E AUCTIONEERS

Applicant

And

MR AWLE

First Respondent

MS AWLE

Second Respondent

REASONS FOR JUDGMENT

1. These are proceedings brought by auctioneers in effect to be joined as a party to the proceedings for the purposes of making an application for review of a decision I made and in aid of that application a stay is sought of orders I made.  The parties have compromised that matter and I am asked to make orders in terms of their agreement.  The document titled "Minute of Orders" is exhibit 1 and I make orders and notations in terms of that document.

2. Then there are two applications for costs arising out of the matter today.  They are applications by the husband and wife against the applicant.  The general position is the parties bear their own costs.  The Court has power to make an order and in doing so is required to consider certain matters.  Firstly, the financial circumstances of the parties.  There is no evidence about the financial circumstances of the applicant.  I understand it is an agreed fact that the pool of assets in the marriage is something in the region of about $10 million.  That is all I know.  There is no legal aid.  In terms of the conduct of the parties, there is nothing that comes…