JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: EADES and WRENSTED [2014] FCWA 64
CORAM: WALTERS J
HEARD: WRITTEN SUBMISSIONS
DELIVERED : 26 SEPTEMBER 2014
FILE NO/S: PTW 3045 of 2012
BETWEEN: MS EADES
Applicant
AND
MR WRENSTED
Respondent
Catchwords:
FAMILY LAW – Costs – Parenting proceedings – Where proceedings relate to temporary relocation of children – Where father opposed temporary relocation – Where father was wholly unsuccessful in the proceedings – Relevance of father's conduct as a litigant – Consideration of parties' financial circumstances – Consideration of mother's offer to settle and father's response to that offer – Whether other factors in Family Law Act s 117(2A) outweigh father's inability to meet a costs order – Where mother sought costs on an indemnity basis – Father ordered to pay mother's costs on party/party basis
Legislation:
Family Law Act 1975 (Cth), s 117, s 117(1), s 117(2A), s 117(AB)
Family Law Rules 2004, r 19.18, r 19.34, r 19.04(6)
Category: Not Reportable
Representation:
Counsel:
Applicant: Ms G Anderson
Respondent: Self Represented Litigant
Solicitors:
Applicant: Cullen Babington & Hughes
Respondent:
Case(s) referred to in judgment(s):
Baker & Darzi [2013] FCWA 84
Bouras v Grandelis (2005) 65 NSWLR 214
Braithwaite & Braithwaite [2007] FamCA 468
Cross v Beaumont (2008) 39 Fam LR 389
Eades & Wrensted [2014] FCWA 15
Edgar v Halle (No 2) [2010] FamCA 260
Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania)) v Fish and Another (2005) 191 FLR 294
Hand and Bodilly [2013] FamCAFC 98
Hawkins & Roe [2012] FamCAFC 77
Hitch & Hitch (2012) 47 Fam LR 603
I and I (No 2) (1995) FLC 92-625
Kohan and Kohan (1993) FLC 92-340
Maker & Jets (No 3) [2012] FMCAfam 1104
Marinko & Marinko (1983) FLC 91-307
Munday & Bowman (1997) FLC 92-784
NMFM Property Pty Ltd v Citibank Ltd (No 11) (2001) 109 FCR 77
Penfold & Penfold (1980) 144 CLR 311
Prantage & Prantage [2013] FamCAFC 105
Re David Costs (1998) FLC 92-809
WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL
JUDGMENT - PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN
CHANGED
Introduction
1This is an application for costs made by [Ms Eades] arising out of proceedings in which she was involved with her former husband, [Mr Wrensted]. Ms Eades ("the mother") and Mr Wrensted ("the father") were married in December 2005. They separated in January 2010. They have two children – [Child A] (born [in] 2003) and [Child B] (born [in] 2010).
2On 2 October 2013, the mother filed an application in this Court, seeking orders which would allow her to relocate Child A and Child B to Thailand for a period of approximately 18 months. The mother's fiancé, [Mr D], had obtained employment in Thailand as an electrical and instrumentation inspector. The mother proposed that she and the children should live with Mr D for the duration of his period of employment in that country.
3The father opposed the temporary relocation for a…
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- AGLC
- Eades & Wrensted [2014] FCWA 64
- Case
- [2014] FCWA 64
- Decision Date
CaseChat Overview and Summary
The court noted that in cases involving the relocation of children, the best interests of the children are the paramount consideration. The court found that the father's opposition to the relocation was not in the best interests of the children, and that his conduct as a litigant had been unreasonable. The court also noted that the mother's offer to settle was reasonable, and that the father's response to that offer was not. The court considered these factors, along with the parties' financial circumstances, in determining the costs of the proceedings. The court found that the mother was entitled to costs, with some reduction for the father's partial success in the proceedings. The court emphasised that the costs of parenting proceedings should be awarded on a just and equitable basis, taking into account all relevant factors.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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