GARFIELD & CASSANO (No.2)
Case
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[2019] FCCA 2089
•2 August 2019
Details
AGLC
Case
Decision Date
GARFIELD & CASSANO (No.2) [2019] FCCA 2089
[2019] FCCA 2089
2 August 2019
CaseChat Overview and Summary
In the matter of *Garfield & Cassano (No.2)*, heard by Judge Mercuri, the dispute concerned applications for costs made by both the mother and the father. The mother had sought costs against the father in relation to substantive proceedings, and in turn, the father had applied for costs against the mother concerning her costs application.
The court was required to determine whether either party was entitled to an award of costs in relation to the substantive proceedings or the subsequent costs applications.
Judge Mercuri ultimately dismissed the mother's application and made no order as to costs for either party. The court's decision reflects a determination that neither party had established a sufficient basis to depart from the general rule that costs follow the event in family law matters, or that special circumstances warranted an award in their favour. The court also noted the provisions of section 121 of the *Family Law Act 1975* regarding the publication of family law proceedings.
The court was required to determine whether either party was entitled to an award of costs in relation to the substantive proceedings or the subsequent costs applications.
Judge Mercuri ultimately dismissed the mother's application and made no order as to costs for either party. The court's decision reflects a determination that neither party had established a sufficient basis to depart from the general rule that costs follow the event in family law matters, or that special circumstances warranted an award in their favour. The court also noted the provisions of section 121 of the *Family Law Act 1975* regarding the publication of family law proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Procedural Fairness
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