Fevia and Carmel-Fevia (Costs)

Case

[2010] FamCA 143

2 March 2010


Details
AGLC Case Decision Date
Fevia and Carmel-Fevia (Costs) [2010] FamCA 143 [2010] FamCA 143 2 March 2010

CaseChat Overview and Summary

In the matter of *Fevia and Carmel-Fevia (Costs)*, Murphy J of the Family Court of Australia considered an application for costs following earlier proceedings between the husband and wife.

The primary legal issue before the Court was the determination of the appropriate costs order to be made, specifically whether the husband should be ordered to pay the wife's costs and whether the attendance of counsel, including senior counsel, was justified in the proceedings and the costs application.

Murphy J reasoned that the husband should bear the wife's costs, including those related to the costs application itself. The Court further determined that, pursuant to Rule 19.50 of the *Family Law Rules 2004*, the matter was of sufficient complexity and importance to warrant the attendance of counsel, including senior counsel, for both the substantive proceedings and the costs application. The quantum of the costs was to be agreed between the parties or, failing agreement, taxed.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

2

Crafter & Crafter [2013] FamCA 624
Caughey & Peckham (No 5) [2024] FedCFamC1F 431
Cases Cited

3

Statutory Material Cited

2

Penfold v Penfold [1980] HCA 4
Stephens v Ell & Ors [2002] QSC 166