FAMILY COURT OF AUSTRALIA
Galani & Galani (No. 2) [2021] FamCA 387
File number(s): MLC 13970 of 2020 Judgment of: WILLIAMS J Date of judgment: 10 June 2021 Catchwords: FAMILY LAW – COSTS. Legislation: Family Law Act 1975 (Cth) ss 117(1), 117(2), 117(2A) Cases cited: Galani & Galani [2021] FamCA 229
In the Marriage of I and I (No. 2) (1995) 22 Fam LR 557
Worth & Worth (No. 2) [2019] FamCAFC 126
Number of paragraphs: 31 Date of last submission/s: 21 May 2021 Date of hearing: 13 April 2021 Place: Melbourne The Applicant: No Appearance Solicitor for the Respondent: Ms Carson Solicitor for the Respondent: Kennedy Guy ORDERS
MLC 13970 of 2020 BETWEEN: MR GALANI
ApplicantAND: MS GALANI
Respondent
ORDER MADE BY:
WILLIAMS J
DATE OF ORDER:
10 JUNE 2021
THE COURT ORDERS THAT:
1.The husband pay the party/party costs and disbursements of the wife, of and incidental to the Initiating Application filed on 16 December 2020, including the costs of preparation of the costs submissions, fixed in the sum of $2,384.23.
2.The payment referred to in order (1) hereof be made within 30 days of these orders.
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 Galani & Galani has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Williams J
This matter was listed in the Judicial Duty List on 13 April 2021. The substantive issue for consideration before the Court on that day was the husband’s Application in a Case filed 16 December 2020 and the wife’s response filed 15 March 2021.
The husband did not appear on 13 April 2021 and the wife proceeded with an application to summarily dismiss the husband’s Application in a Case. That matter was heard and determined by me and I made orders and published my reasons on 23 April 2021, Galani & Galani [2021] FamCA 229.
My reasons set out the background of the dispute and the litigation between the parties subsequent to final orders having been made on 24 March 2017. I do not propose to repeat the background and procedural history of the dispute.
The current application before me is the wife’s application for costs arising out of the husband’s Application in a Case. Orders made on 23 April 2021 provided that any written submissions as to costs, which shall not exceed five pages, shall be filed and served within 28 days, with a copy to be emailed to my associate.
On 21 May 2021, the wife’s solicitors filed submissions as to costs on behalf of the wife.…
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- Galani & Galani (No. 2) [2021] FamCA 387
- Case
- [2021] FamCA 387
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CaseChat Overview and Summary
The primary legal issue before the court was whether to order costs on an indemnity basis or a party/party basis. The court was required to determine if exceptional circumstances existed to justify departing from the usual basis of costs, as outlined in established authorities such as *Worth & Worth (No. 2)*.
Williams J reasoned that while the husband's conduct was unacceptable and warranted a costs order, the circumstances did not meet the threshold for indemnity costs. The judge referred to categories of exceptional circumstances, including commencing or continuing proceedings with no chance of success, making false allegations of fraud, evidence of misconduct causing loss of time, making allegations that ought not to have been made, or unduly prolonging a case with groundless contentions. The court found that these exceptional circumstances were not present in this matter. Consequently, the court ordered the husband to pay the wife's party/party costs and disbursements incidental to the Initiating Application, fixed at $2,384.23, to be paid within 30 days.
Orders
Orders of the court
MLC 13970 of 2020
BETWEEN:
MR GALANI
Applicant
AND:
MS GALANI
Respondent
ORDER MADE BY:
WILLIAMS J
DATE OF ORDER:
10 JUNE 2021
THE COURT ORDERS THAT:
1. The husband pay the party/party costs and disbursements of the wife, of and incidental to the Initiating Application filed on 16 December 2020, including the costs of preparation of the costs submissions, fixed in the sum of $2,384.23.
2. The payment referred to in order (1) hereof be made within 30 days of these orders.
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
Ratio Decidendi
Legal Principle Established
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