FAMILY COURT OF AUSTRALIA
Gaber & Akhtar (No. 2) [2021] FamCA 147
File number(s): PAC 3652 of 2013 Judgment of: FOSTER J Date of judgment: 24 March 2021 Catchwords: FAMILY LAW – COSTS – where application for costs made by the wife – where application for indemnity costs – where non-compliance with Rule 19.08(3) – where consideration of applicable principles – where appropriate to order husband to pay costs in fixed sum Legislation: Family Law Act 1975 (Cth) ss 117
Family Law Rules 2004 (Cth) rr 19.08, 19.18
Cases cited: Akhtar & Gaber [2020] FamCA 298
Akhtar & Gaber (No.2) [2021] FamCAFC 28
Beach Petroleum NL v Johnson (No 2) (1995) 135 ALR 160
Bele & Vaughan (Costs) [2012] FamCAFC 198
Collins and Collins (1985) FLC 91-603
Greedy and Greedy (1982) FLC 91-250
Hawkins & Roe [2012] FamCAFC 77
Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23
Luadaka v Luadaka (1998) FLC 92-830
Parke & the Estate of the Late A Parke (2016) FLC 93 748
Penfold v Penfold (1980) 144 CLR 311
Phillips & Hansford [2020] FamCAFC 28; (2020) FLC 93-941
Number of paragraphs: 32 Date of last submission/s: 2 June 2020 Date of hearing: 30 April 2020 Place: Parramatta Solicitor for the Applicant: Mr Kouchoo of N J Papallo Lawyers Solicitor for the Respondent: The Respondent appeared in person l
ORDERS
PAC 3652 of 2013 BETWEEN: MS GABER
Applicant
AND: MR AKHTAR
Respondent
ORDER MADE BY:
FOSTER J
DATE OF ORDER:
24 MARCH 2021
THE COURT ORDERS THAT:
1.That the husband pay the wife’s costs of and incidental to his section 79A application in the sum of $15,014 within one month from this date.
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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Akhtar & Gaber has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
FOSTER J:
The application for determination is the wife’s application for costs, arising from final orders made by the Court on 30 April 2020, in which the husband’s applications then before the Court were dismissed.
The background history of this matter is set out in reasons for judgment delivered 30 April 2020: Akhtar & Gaber [2020] FamCA 298, and these reasons assume familiarity with those reasons for judgment.
Subsequent to dismissal of the husband’s application for disqualification, and to set aside certain final property orders under s 79A of the Family Law Act 1975 (Cth) (“the Act”), the husband appealed those orders to the Full Court of the Family Court of Australia by way of Notice of Appeal filed 25…
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- AGLC
- Gaber & Akhtar (No. 2) [2021] FamCA 147
- Case
- [2021] FamCA 147
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether it was appropriate to order the husband to pay the wife's costs in a fixed sum, having regard to the applicable principles governing costs orders in family law proceedings, particularly in circumstances of non-compliance with procedural rules.
Foster J reasoned that the husband's non-compliance with Rule 19.08(3) was a significant factor. Applying the principles for awarding costs, the court determined that it was appropriate to make an order for the husband to pay the wife's costs. The court ordered the husband to pay the wife's costs of and incidental to his section 79A application in the fixed sum of $15,014, to be paid within one month.
Orders
Orders of the court
PAC 3652 of 2013
BETWEEN:
MS GABER
Applicant
AND:
MR AKHTAR
Respondent
ORDER MADE BY:
FOSTER J
DATE OF ORDER:
24 MARCH 2021
THE COURT ORDERS THAT:
1. That the husband pay the wife’s costs of and incidental to his section 79A application in the sum of $15,014 within one month from this date.
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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).
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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