Feiteiro & Feiteiro

[2019] FamCA 647

FAMILY COURT OF AUSTRALIA

FEITEIRO & FEITEIRO [2019] FamCA 647

FAMILY LAW – PRACTICE AND PROCEDURE – Review of a Registrar’s decision – where the husband was seeking a review of a Registrar’s costs orders –decision of Registrar is affirmed – where the husband filed a notice of objection to a subpoena issued by the wife for his medical records – where the objection the husband took to the subpoena was unmeritorious and ultimately defeated – where the conduct of the husband caused delay and unnecessary costs to the wife

Family Law Act 1975 (Cth) ss 37A(9), 37A(10), 117(1), 117(2)
Family Law Rules 2004 (Cth) r 18.10

Baum & Lokare (No 2) [2019] FamCA 292
Henley & Henley (2019) FamCA 101
Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania) v Fish and Another (2005) 33 Fam LR 123; [2005] FamCA 158
Penfold v Penfold (1980) 144 CLR 311; [1980] HCA 4
Wrenstead v Eades [2016] FLC 93-697

APPLICANT: Mr Feiteiro

RESPONDENT: Ms Feiteiro

FILE NUMBER: DGC 3222 of 2017

DATE DELIVERED: 28 October 2019

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: McEvoy J

HEARING DATE: 20 June 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: In Person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: Mr Kanarev

SOLICITOR FOR THE RESPONDENT: Alphastream Lawyers

Orders

1. The husband’s Application in a Case filed 18 June 2019 be dismissed.

2. The applicant husband pay the respondent wife’s costs of $4,021.16 for 7 June and 14 June 2019, and these costs be the subject of an adjustment against the husband’s entitlements and be paid to the wife.

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 Feiteiro & Feiteiro 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 MELBOURNE

FILE NUMBER: DGC 3222 of 2017

Mr Feiteiro

Applicant

And

Ms Feiteiro

Respondent

REASONS FOR JUDGMENT

Introduction

1. On 18 June 2019 the husband filed an Application in a Case seeking review of a decision of a Registrar awarding costs against him in the amount of $4,021.16. The husband’s proceeding against the wife was listed to commence before me on 20 June 2019. At the commencement of the hearing on 20 June 2019 the parties were able to resolve the matters on a final basis and, being satisfied that it was just and equitable to do so, I made orders in the terms to which the parties consented on that day. The only matter left to determine is the husband’s Application in a Case seeking a review…