FAMILY COURT OF AUSTRALIA
| FIRMER & BRITTON | [2012] FamCA 576 |
| FAMILY LAW -COSTS - Offer of settlement - Where the Wife made an initial offer of settlement that was substantially less than her entitlement under the final Orders - Where the Husband had not made any offers to the Wife greater than her final entitlement |
| Family Law Act 1975 (Cth) |
| Browne & Green (2002) FLC 93-115 Munday & Bowman (1997) FLC 92-784 Murray (1990) FLC 92-173 Penfold & Penfold (1980) 144 CLR 311 Pennisi & Pennisi (1997) FLC 92-774 Robinson & Higginbotham (1991) FLC 92-209 Steel (1992) FLC 92-306 |
| APPLICANT: | Mr Firmer |
| RESPONDENT: | Ms Britton |
| FILE NUMBER: | TVC | 588 | of | 2007 |
| DATE DELIVERED: | 23 July 2012 |
| PLACE DELIVERED: | Townsville |
| PLACE HEARD: | Townsville |
| JUDGMENT OF: | Kent J |
| HEARING DATE: | 23 July 2012 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Honchin |
| SOLICITOR FOR THE APPLICANT: | Stevenson & McNamara |
| COUNSEL FOR THE RESPONDENT: | Ms McDiarmid |
| SOLICITOR FOR THE RESPONDENT: | The Brad Robins Legal Centre |
Orders
The Respondent Husband pay to the Applicant Wife her costs of and incidental to the proceedings on a party and party basis, such costs to be agreed, or failing agreement, to be assessed or taxed.
The parties shall each bear their own costs respectively of and incidental to the current application.
Notation
These Orders exclude those costs which have already been dealt with by way of previous Orders of the Court, including any Orders in favour of either party and including the Orders in respect of the contravention proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Firmer & Britton has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT TOWNSVILLE |
FILE NUMBER: TVC 588 of 2007
| Mr Firmer |
Applicant
And
| Ms Britton |
Respondent
EX TEMPORE REASONS FOR JUDGMENT
The substantive proceedings between the parties were financial. The Applicant Wife sought Orders for property settlement pursuant to s 79 of the Family Law Act 1975 (Cth) (“the Act”). His Honour Justice Monteith heard and determined those proceedings over a five day period commencing 19 September 2011, and delivered reasons and made Orders on 12 October 2011.
Relevantly, as set out in paragraph 65 of the reasons for judgment, his Honour determined a net pool of assets and resources, including financial resources, of $4,068,140.31. As per paragraph 65, which sets out what his Honour has termed the “balance sheet”, the vast majority of those assets were held by the Husband.
The balance sheet referred to included what has been termed a “notional add-back” of a property in the sum of $2,100,000.00, being a property at H, which the Husband had, at some point, transferred into a superannuation fund in the name of the Husband’s parents. The Husband acknowledged at the outset of the trial so far as the Court was concerned, that there was no longer any issue that that was a property to be added back, and sometime shortly before…
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- AGLC
- FIRMER & BRITTON [2012] FamCA 576
- Case
- [2012] FamCA 576
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the allocation of costs following proceedings, specifically whether the respondent husband should be ordered to pay the applicant wife's costs on a party and party basis, and how the costs of the current application should be treated.
Kent J ordered that the respondent husband pay the applicant wife's costs of and incidental to the proceedings on a party and party basis, with such costs to be agreed or otherwise assessed. However, the parties were to bear their own costs in relation to the current application. These orders specifically excluded costs already dealt with by previous court orders, including those related to contravention proceedings.
Orders
Orders of the court
1.
The Respondent Husband pay to the Applicant Wife her costs of and incidental to the proceedings on a party and party basis, such costs to be agreed, or failing agreement, to be assessed or taxed.
2.
The parties shall each bear their own costs respectively of and incidental to the current application.
Notation
These Orders exclude those costs which have already been dealt with by way of previous Orders of the Court, including any Orders in favour of either party and including the Orders in respect of the contravention proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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