Gaber & Akhtar (No. 2)

[2021] FamCA 147

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:

1. 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.

2. 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.

3. 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…