Eastgate and Cardiff & Anor (No 2)

FAMILY COURT OF AUSTRALIA

EASTGATE & CARDIFF AND ANOR (NO. 2) [2020] FamCA 681

FAMILY LAW – COSTS – Where applications for a stay of proceedings pursuant to the Trans-Tasman Proceedings Act 2010 (Cth) were dismissed – Where orders were made for any party seeking costs to file an application and detailed schedule of costs – Where the husband filed an application seeking indemnity costs totalling around $200,000 referable to not only the stay application but proceedings in other courts – Where the husband only amended his application orally on the morning of the hearing – Where the wife was forced to defend the husband’s application for indemnity costs – Where the wife sought her costs of defending the husband’s costs application – Where it is appropriate to award the husband costs fixed in the amount of $10,000 – Where that amount is reduced by $2,000 to countenance an amount of the wife’s costs appropriate to visit upon the husband.

Family Law Act 1975 (Cth) s 117
Trans-Tasman Proceedings Act 2010 (Cth)
Family Law Rules 2004 (Cth) r 19.18

Anison & Anison (2019) 59 Fam LR 581; [2019] FamCAFC 108
Eastgate & Cardiff and Anor [2020] FamCA 387
Stopford Malloy & Malloy and Anor (Costs) (2018) FamCAFC 6

APPLICANT: Mr Eastgate

FIRST RESPONDENT: Ms Cardiff

SECOND RESPONDENT: Ms Cardiff & Mr Nash as Trustees for the N Trust

FILE NUMBER: BRC 14812 of 2018

DATE DELIVERED: 17 August 2020

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 17 August 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Alexander

SOLICITOR FOR THE APPLICANT: MBA Lawyers

SOLICITOR FOR THE FIRST 

RESPONDENT:

Franklin Family Law

SOLICITOR FOR THE SECOND RESPONDENT: Leishman Legal

Orders

1. Leave be given to the First Respondent’s solicitor, Ms Franklin, to appear by telephone at today’s hearing.

2. The First Respondent to pay the Applicant’s costs of and incidental to the applications for the stay of proceedings the subject of the orders made on 21 May 2020 in the fixed amount of $8,000.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Eastgate & Cardiff and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 14812 of 2018

Mr Eastgate

Applicant

And

Ms Cardiff

First Respondent

And

Ms Cardiff & Mr Nash as Trustees for the N Trust

Second Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. On 21 May 2020, I made orders dismissing the applications of Ms Cardiff (“the wife”) and Ms Cardiff & Mr Nash as Trustees for…