Fielder & Kirby

[2021] FCCA 2151

FEDERAL CIRCUIT COURT OF AUSTRALIA

Fielder & Kirby [2021] FCCA 2151

File number(s):	LEC 343 of 2019
Judgment of:	JUDGE L. TURNER
Date of judgment:	27 July 2021
Catchwords:	FAMILY LAW – Costs – held order made for $50,000 for costs thrown away as a result of wife’s actions resulting in final hearing not proceeding
Number of paragraphs:	35
Date of last submission/s:	27 July 2021
Date of hearing:	27 July 2021
Place:	Brisbane
Counsel for the Applicant:	Mr Priestley
Solicitor for the Applicant:	Parker & Kissane
Solicitor for the Respondent:	The Respondent appeared in person

ORDERS

LEC 343 of 2019

BETWEEN:

MS FIELDER

Applicant

AND:

MR KIRBY

Respondent

ORDER MADE BY:	JUDGE L. TURNER
DATE OF ORDER:	27 JULY 2021

THE COURT ORDERS THAT:

1.That ninety (90) days from today’s date, the wife pay the husband the sum of FIFTY THOUSAND DOLLARS ($50,000.00) as directed by the husband due to costs thrown away due to the preparation and attendance at the final hearing commencing 26 July 2021.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Fielder & Kirby is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE L. TURNER:

1. For the sake of convenience and for the purposes of this judgment the applicant is hereinafter referred to as the wife and the respondent is hereinafter referred to as the husband.

2. The parties are involved in a de facto property dispute after a 6 to 7 year relationship which ended in late 2018.

3. Proceedings were commenced by the wife in July 2019 where orders were sought for a de facto property division whereby the parties retain whatever property is in their possession.

4. In August 2019 the husband filed his response seeking a 35% division of the de facto property pool in his favour.

5. In August 2019 interim consent orders were entered into for disclosure and valuations.

6. In July 2020 the matter was placed in the trial pool awaiting a hearing date for two to three days.

7. In early June 2021 the matter was set down for a three day hearing commencing on 26 July 2021 with trial directions made for the filing of affidavits of evidence in chief by 12 July 2021.

8. Both parties were late in the filing of their trial material.

9. Most documents were filed on 16 July 2021 with a series of late affidavits filed by the wife on 19 and 20 July 2021.

10. The matter is complex with the complexity of the matter demonstrated by:

    (a)The nature and extent of the de facto property pool and how and when the pool was acquired.

    (b)The wife’s affidavit containing 530 pages of annexures.

    (c)Seven additional witnesses for the wife including that of her daughter with her affidavit containing 215 pages of annexures.

    (d)The husband’s affidavit…