Filipovic & Filipovic (No 4) - [2024] FedCFamC2F 439

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Filipovic & Filipovic (No 4) [2024] FedCFamC2F 439

File number(s): MLC 13771 of 2021

Judgment of: JUDGE O'SHANNESSY

Date of judgment: 11 April 2024

Catchwords: FAMILY LAW - costs application – where the wife seeks party/party costs to be paid – where each party filed written submissions as to the issue of costs – certify for counsel and senior counsel pursuant to rule 12.28 – costs based on Schedule 3 of the rules – because work based rather than court event based costs in this case – interim property application partly successful – application for disclosure was necessary – costs orders made

Legislation:
Family Law Act 1975 (Cth) ss 117(1), 117(2)

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rule 1.33(1), rule 1.33(2)(d) and rule 12.28.

Cases cited:
Filipovic & Filipovic (No 2) [2023] FedCFamC2F 825

Filipovic & Filipovic (No 3) [2024] FedCFamC2F 249

Marcos & Serina (No 2) [2024] FedCFamC2F 373

Division: Division 2 Family Law

Number of paragraphs: 50

Date of last submission/s: 13 March 2024

Date of hearing: 19 February 2024

Place: Melbourne

Counsel for the Applicant: Mr North SC

Solicitor for the Applicant: Mills Oakley Lawyers

Counsel for the First Respondent: Ms Matson

Solicitor for the First Respondent: Kenna Teasdale Lawyers

Counsel for the Second, Third and Fourth Respondents: Mr Gates

Solicitor for the Second, Third and Fourth Respondents: KHQ Lawyers
ORDERS

MLC 13771 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS FILIPOVIC

Applicant

AND:
MR FILIPOVIC

First Respondent

MR B FILIPOVIC

Second Respondent

G PTY LTD (and another named in the Schedule)

Third Respondent

ORDER MADE BY:

JUDGE O'SHANNESSY

DATE OF ORDER:

27 FEBRUARY 2024

THE COURT ORDERS THAT:
1.Mr Filipovic pay one half of the Wife’s party/party costs of and incidental to her application in a case served 13 November 2023 including her application for the costs of that application, as agreed or assessed on Schedule 3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
2.Mr B Filipovic, C Pty Ltd and D Pty Ltd pay one half of the Wife’s party/party costs of and incidental to her application in a case served 13 November 2023 including her application for the costs of that application, as agreed or assessed on Schedule 3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
3.Pursuant to Rule 12.28 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, it is certified it was appropriate to retain counsel and senior counsel.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Filipovic & Filipovic (No 4)

Details

AGLC: Filipovic & Filipovic (No 4) [2024] FedCFamC2F 439
Case: [2024] FedCFamC2F 439
Decision Date: 11 April 2024

CaseChat Overview and Summary

In Filipovic & Filipovic (No 4), Ms. Filipovic, the applicant, sought costs associated with an interim property application she had filed against her ex-husband, Mr. Filipovic, the first respondent, and two companies, Mr. B Filipovic, C Pty Ltd, and D Pty Ltd, the second and third respondents respectively. The Federal Circuit and Family Court of Australia (Division 2) presided over the matter. The central issue before the court was the allocation of party/party costs between Ms. Filipovic and the respondents, particularly concerning the necessity and proportionality of the costs incurred. The court was tasked with determining whether the application for costs was justified, and if so, how these costs should be apportioned among the parties involved.

The court approached the costs application with the understanding that costs in family law proceedings are to be assessed based on the work performed rather than the court events. Given that the application for interim property was partly successful, the court considered it appropriate to award costs. Ms. Filipovic's application for disclosure was deemed necessary and thus factored into the costs assessment. The court certified, pursuant to Rule 12.28, that it was appropriate for both parties to be represented by counsel and senior counsel.

In its reasoning, the court determined that the costs should be shared between Ms. Filipovic and the respondents. It found that Mr. Filipovic should pay half of the applicant’s costs, while Mr. B Filipovic, C Pty Ltd, and D Pty Ltd should collectively bear the other half. The court made explicit orders for these costs to be assessed in accordance with Schedule 3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. These orders were meticulously crafted to reflect the proportional responsibility for the costs incurred during the proceedings.

Orders

Orders of the court

MLC 13771 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS FILIPOVIC

Applicant

AND:

MR FILIPOVIC

First Respondent

MR B FILIPOVIC

Second Respondent

G PTY LTD (and another named in the Schedule)

Third Respondent

ORDER MADE BY:

JUDGE O'SHANNESSY

DATE OF ORDER:

27 FEBRUARY 2024

THE COURT ORDERS THAT:

1. Mr Filipovic pay one half of the Wife’s party/party costs of and incidental to her application in a case served 13 November 2023 including her application for the costs of that application, as agreed or assessed on Schedule 3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

2. Mr B Filipovic, C Pty Ltd and D Pty Ltd pay one half of the Wife’s party/party costs of and incidental to her application in a case served 13 November 2023 including her application for the costs of that application, as agreed or assessed on Schedule 3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

3. Pursuant to Rule 12.28 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, it is certified it was appropriate to retain counsel and senior counsel.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

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.

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	MLC 13771 of 2021
Judgment of:	JUDGE O'SHANNESSY
Date of judgment:	11 April 2024
Catchwords:	FAMILY LAW - costs application – where the wife seeks party/party costs to be paid – where each party filed written submissions as to the issue of costs – certify for counsel and senior counsel pursuant to rule 12.28 – costs based on Schedule 3 of the rules – because work based rather than court event based costs in this case – interim property application partly successful – application for disclosure was necessary – costs orders made
Legislation:	Family Law Act 1975 (Cth) ss 117(1), 117(2) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rule 1.33(1), rule 1.33(2)(d) and rule 12.28.
Cases cited:	Filipovic & Filipovic (No 2) [2023] FedCFamC2F 825 Filipovic & Filipovic (No 3) [2024] FedCFamC2F 249 Marcos & Serina (No 2) [2024] FedCFamC2F 373
Division:	Division 2 Family Law
Number of paragraphs:	50
Date of last submission/s:	13 March 2024
Date of hearing:	19 February 2024
Place:	Melbourne
Counsel for the Applicant:	Mr North SC
Solicitor for the Applicant:	Mills Oakley Lawyers
Counsel for the First Respondent:	Ms Matson
Solicitor for the First Respondent:	Kenna Teasdale Lawyers
Counsel for the Second, Third and Fourth Respondents:	Mr Gates
Solicitor for the Second, Third and Fourth Respondents:	KHQ Lawyers

MLC 13771 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS FILIPOVIC Applicant
AND:	MR FILIPOVIC First Respondent MR B FILIPOVIC Second Respondent G PTY LTD (and another named in the Schedule) Third Respondent

ORDER MADE BY:	JUDGE O'SHANNESSY
DATE OF ORDER:	27 FEBRUARY 2024