Farquar and Farquar (No 2)
Case
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[2009] FamCA 1195
•11 August 2009
Details
AGLC
Case
Decision Date
Farquar and Farquar (No 2) [2009] FamCA 1195
[2009] FamCA 1195
11 August 2009
CaseChat Overview and Summary
In *Farquar and Farquar (No 2)*, Strickland J of the Family Court of Australia considered applications made by the father and mother concerning their children. The dispute involved applications for parenting orders and, importantly, applications for costs.
The primary legal issue before the court was the determination of costs payable by one party to the other. This required the court to assess the conduct of the parties in the litigation and whether any party had acted unreasonably, thereby justifying an award of costs.
Strickland J ordered that the father pay the mother's costs in the sum of $5,000. This award was to be paid in two instalments: $2,500 within 12 months of the date of the order, and the remaining $2,500 within 18 months. Following this determination, all applications before the court were dismissed and removed from the active pending cases list.
The primary legal issue before the court was the determination of costs payable by one party to the other. This required the court to assess the conduct of the parties in the litigation and whether any party had acted unreasonably, thereby justifying an award of costs.
Strickland J ordered that the father pay the mother's costs in the sum of $5,000. This award was to be paid in two instalments: $2,500 within 12 months of the date of the order, and the remaining $2,500 within 18 months. Following this determination, all applications before the court were dismissed and removed from the active pending cases list.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Stay of Proceedings
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Remedies
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