Fenton and Fenton (No.2)

FEDERAL CIRCUIT COURT OF AUSTRALIA

FENTON & FENTON (No.2) [2017] FCCA 539

Catchwords:
FAMILY LAW – Application for costs.

Legislation:

Family Law Act 1975 (Cth) s.117

Federal Circuit Court Rules 2001 (Cth)

Cases cited:

Fenton & Fenton [2016] FCCA 3024
Hawkins & Roe [2012] FamCAFC 77
Wrensted & Eades [2016] FamCAFC 46
Cross v Beaumont [2008] 39 Fam LR 389

Applicant: MR FENTON

Respondent: MS FENTON

File Number: HBC 249 of 2010

Judgment of: Judge McGuire

Hearing date: 20 March 2017

Date of Last Submission: 20 March 2017

Delivered at: Hobart

Delivered on: 28 March 2017

REPRESENTATION

Counsel for the Applicant: Mr Blissenden

Solicitors for the Applicant: Blissenden Lawyers

The Respondent: Appeared in person

ORDERS

1. That pursuant to the Orders of 1 December 2016 the applicant, Ms Fenton, pay the costs of the Respondent, Mr Fenton in a quantum of $10,438.50 such payment to be paid within 60 days of the date of these orders.

IT IS NOTED that publication of this judgment under the pseudonym Fenton & Fenton (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT HOBART

HBC 249 of 2010

MR FENTON

Applicant

And

MS FENTON

Respondent

REASONS FOR JUDGMENT

1. The application before me is by the father seeking an order for costs in the quantum of $10,438.50 on a party/party basis following parenting proceedings brought by the mother and finalised by my order of

   
   

   1 December 2016.

2. The mother acted for herself on her application. The father was at all times represented by solicitors and a solicitor advocate at the hearing.

3. The mother sought orders that three children aged 14, 11 and 9 years live with her.

4. The relevant background is set out in at [5]-[19] of my reasons.[1] Relevant to the application now before me, there had been two previous defended hearings in respect of the relevant children. The parties separated in September 2009 and first litigated in this Court in March 2010. In August 2012 Justice Benjamin ordered that the father have sole parental responsibility for the oldest child and the mother have sole parental responsibility for the younger two children.

   [1] Fenton & Fenton [2016] FCCA 3024

1. Two months after that order the mother surrendered care of the younger two children to the father and relocated to Queensland. His Honour made further orders confirming sole parental responsibility of all three children with the father and for the children to live with him in Tasmania.

2. His Honour Justice Cronin conducted a further defended hearing in October 2013. His Honour’s orders confirmed sole parental responsibility for all three children with the father and for the children to live with him in Tasmania with holiday time with the mother in Queensland.

3. In January 2014 the mother withheld the children after a court ordered period of time with her in Queensland. A recovery order was issued on 30 January 2014 and the children were returned to the father on

   
   

   4 February 2014. Orders for the mother to…