Falkner and Candle

[2020] FamCA 246

FAMILY COURT OF AUSTRALIA

FALKNER & CANDLE [2020] FamCA 246

FAMILY LAW - COSTS – Where application for costs made by the wife – Consideration of applicable principles – Where appropriate that the husband pay the wife’s costs assessed in the sum of $12,500.

Family Law Act 1975 (Cth) s 117
Family Law Rules 2004 (Cth) r 19.18

Beach Petroleum NL v Johnson (No 2) (1995) 135 ALR 160
Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225
Collins & Collins (1985) FLC 91-603
Dorsey & Mallon [2018] FamCAFC 244
Greedy & Greedy (1982) FLC 91-250
Harris & Dewell and Anor (No.2) [2018] FamCAFC 180
Hawkins & Roe [2012] FamCAFC 77
Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC
Luadaka & Luadaka (1998) FLC 92-830
Munday v Bowman (1997) FLC 92-784
Parke & the Estate of the Late A Parke (2016) FLC 93‑748
Penfold v Penfold (1980) 144 CLR 311

APPLICANT: Ms Falkner

RESPONDENT: Mr Candle

FILE NUMBER: PAC 623 of 2018

DATE DELIVERED: 16 April 2020

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: By way of written submissions last received on 28 February 2020

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Coleman Greig Lawyers

SOLICITOR FOR THE RESPONDENT: Mr Candle

Orders

1. That the husband pay the wife’s costs of and incidental to her interim application filed 5 June 2019 assessed in the sum of $12,500 within 28 days from this date.

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 Falkner & Candle 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 PARRAMATTA

FILE NUMBER: PAC 623 of 2018

Ms Falkner

Applicant

And

Mr Candle

Respondent

REASONS FOR JUDGMENT

1. Section 117 of the Family Law Act 1975 (Cth) (“the Act”) provides that each party to the proceedings shall bear his or her own costs.

2. That principle is, however, subject to the discretion afforded to the trial judge in subparagraph (2), which provides that if the Court is of the opinion that there are circumstances that justify it in doing so, the Court may, subject to further subsections thereof and the applicable Rules of the Court, make such order as to costs as the Court considers just.

3. Although s 117(2) requires a finding of justifiable circumstances as an essential preliminary to making an order for costs, there is no additional or special onus on an applicant who seeks an order for costs: Penfold v Penfold (1980) 144 CLR 311.

4. The matters relevant to determining what order,…