Edgar v Halle (No 2)

[2010] FamCA 260

FAMILY COURT OF AUSTRALIA

EDGAR & HALLE (NO. 2) [2010] FamCA 260

FAMILY LAW  -  COSTS  -  parenting orders  -  false allegations and statements by father  -  knowingly made  -  father to pay costs

Family Law Act 1975 (Cth), ss 117(1), 117(2), 117(2A), 117AB
Family Law Rule 2004, Schedule 3

FATHER: Mr Edgar

MOTHER: Ms Halle

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 8444 of 2008

DATE DELIVERED: 12 April, 2010

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Brown J.

HEARING DATE:

Submissions filed

15 February, 2010

in chambers

THE FATHER: In person

SOLICITOR FOR THE MOTHER: Altavilla Vessali

INDEPENDENT CHILDREN’S LAWYER Kenna Teasdale

Orders

1. That the father pay the mother’s costs of and incidental to these proceedings fixed at $10,856 and such costs be paid by him within three months of this date.   

IT IS NOTED that publication of this judgment under the pseudonym Edgar & Halle is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER:  MLC  8444 of 2008

MR EDGAR

Father

And

MS HALLE

Mother

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. On 3 February, 2010 final parenting orders were made in respect of the parties’ son, born in January, 2000.  Reasons for judgment were published.  The mother and the independent children’s lawyer were represented by counsel;  the father appeared in person.  Counsel for the mother made an application for costs.  As the father was not legally represented, the court determined it appropriate to require the filing of written submissions in support of the application, to ensure the father had time to consider the application, obtain legal advice if he wished to do so and make submissions in response. 

2. On 3 February, 2010 the court ordered the mother to file and serve written submissions by 17 February, 2010.  Orders provided for the father to file and serve any written submissions in response by 3 March, 2010 and for the mother to file and serve any written submissions in reply by 10 March, 2010.  An order provided that a copy of any submission filed be faxed to my associate within twenty-four hours of filing.  The father was present when those orders were made.

3. The same day (3 February, 2010) a letter was sent to the father at his address for service, containing a sealed copy of the order relating to the costs application and a copy of ss.117 and 117AB of the Family Law Act 1975.

4. On 15 February, 2010 the mother filed written submissions in support of her application for costs.  Before the court is a copy of a letter to the husband enclosing the submissions in support of the costs application, posted to the father at his address for service on 17 February, 2010 and copies of letters passing between the parties in respect to settlement offers, to which I will later refer. 

5. The father was required to file and serve any written submissions in response by 3 March, 2010.  No submissions were filed by…