Fielder & Kirby

Case

[2021] FCCA 2151

27 July 2021


Details
AGLC Case Decision Date
Fielder & Kirby [2021] FCCA 2151 [2021] FCCA 2151 27 July 2021

CaseChat Overview and Summary

In the matter of *Fielder & Kirby*, heard in the Federal Circuit and Family Court of Australia, the applicant, Ms Fielder, and the respondent, Mr Kirby, were involved in proceedings before Judge L. Turner. The court made an order on 27 July 2021 concerning costs.

The primary legal issue before the court was the appropriate order for costs arising from the preparation and attendance at a final hearing that commenced on 26 July 2021. The court also noted the provisions of section 121 of the *Family Law Act 1975* (Cth), which prohibits the publication of identifying details of parties and witnesses in family law proceedings, except in limited circumstances.

Judge L. Turner ordered that the wife pay the husband the sum of $50,000 within ninety days of the order date. This payment was specifically directed by the husband and was awarded as costs thrown away due to the preparation for and attendance at the final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Remedies

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