FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Farnell & Farnell (No 2) [2024] FedCFamC2F 1417
File number(s): PAC 5064 of 2020 Judgment of: JUDGE MYERS Date of judgment: 22 October 2024 Catchwords: FAMILY LAW - Costs. Legislation: Family Law Act 1975 (Cth) ss 79, 117
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 192
Civil Procedure Act 2005 (NSW) s 98
Cases cited: Black v Kellner (1992) FLC 92-2872;
Brown & Brown (1998) FLC 92-822, 85,347;
Colgate Palmolive Co v Cussons Pty Ltd [1993] FCA 801;
Duncan & Duncan (No.3) [2015] FCCA 945, [25]-[28];
Hamod v State of NSW [2011] NSWCA 375, [813];
I and I [1995] FamCA 80, [5];
In the Marriage of Jensen (1982) 8 Fam 594, 595;
Oshlack v Richmond River Council (1998) 193 CLR 72;
Soglia and Soglia [2020] FamCAFC 122, [37];
Tritton & Ducatti [2020] FamCA 392, [24].
Division: Division 2 Family Law Number of paragraphs: 115 Date of last submission/s: 6 August 2024 Date of hearing: 6 August 2024 Counsel for the Applicant: Mr Fermanis Solicitor for the Applicant: Family Focus Legal Pty Ltd Counsel for the Respondent: Mr Bennett Solicitor for the Respondent: Clear Lawyers ORDERS
PAC 5064 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR FARNELL
Applicant
AND: MS FARNELL
Respondent
ORDER MADE BY:
JUDGE MYERS
DATE OF ORDER:
22 OCTOBER 2024
THE COURT ORDERS THAT:
1.The Respondent Wife pay to the Applicant Husband costs assessed in the sum of $56,973.76 (being the combined total of $51,617.76 and $5,356) within 28 days of these Orders.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE MYERS:
This is a decision in relation to an Application for Costs made following the delivery of a final property decision in the matter of Farnell & Farnell on 2 May 2024.
The Applicant Husband, Mr Farnell (‘the Husband’) seeks costs against the Respondent Wife, Mrs Farnell (‘the Wife’) as set out in his Application in a Proceeding filed on 29 May 2024 (under date headings) that provides:
Hearing…
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- AGLC
- Farnell & Farnell (No 2) [2024] FedCFamC2F 1417
- Case
- [2024] FedCFamC2F 1417
- Decision Date
CaseChat Overview and Summary
The court was required to consider the principles of costs in family law, particularly those set out in Part XIVB of the Family Law Act 1975 (Cth). This included evaluating the respective financial positions of the parties, the conduct of the litigation, and the outcomes achieved. The Applicant argued that the Respondent's litigation conduct was unreasonable and that she should bear a significant portion of the costs. The Respondent, on the other hand, contended that the costs sought were excessive and not justified by the nature or outcome of the proceedings.
In delivering the judgment, Judge Myers carefully considered the evidence presented by both parties regarding their financial situations and the conduct of the litigation. The judge found that the Respondent's conduct during the proceedings was unreasonable and that the costs sought by the Applicant were largely justified. As a result, the court ordered that the Respondent pay the Applicant a total of $56,973.76 in costs within 28 days of the order. The amount comprised both the costs of the application for costs and those incurred in the broader proceedings. This decision was based on the court's assessment that the Respondent's actions had contributed to the escalation of costs and that an order for costs was necessary to ensure fairness between the parties.
Orders
Orders of the court
PAC 5064 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR FARNELL
Applicant
AND:
MS FARNELL
Respondent
ORDER MADE BY:
JUDGE MYERS
DATE OF ORDER:
22 OCTOBER 2024
THE COURT ORDERS THAT:
1. The Respondent Wife pay to the Applicant Husband costs assessed in the sum of $56,973.76 (being the combined total of $51,617.76 and $5,356) within 28 days of these Orders.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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