Garthe and Bankes

Case

[2019] FamCA 783

29 October 2019


Details
AGLC Case Decision Date
Garthe and Bankes [2019] FamCA 783 [2019] FamCA 783 29 October 2019

CaseChat Overview and Summary

In *Garthe and Bankes*, heard by Wilson J, the application concerned costs orders following proceedings between the parties. The specific dispute that led to the costs application involved Mr Brygel seeking an order that Mr Garthe pay the wife's costs.

The central legal issue before the Court was whether Mr Garthe should be ordered to pay the wife's costs of the proceedings. This required the Court to consider the principles governing the award of costs in family law matters, particularly in circumstances where a third party, Mr Brygel, was involved in the application for costs against Mr Garthe.

Wilson J dismissed the application by Mr Brygel for Mr Garthe to pay the wife’s costs. The Court ordered that each party was to bear their own costs. This outcome indicates that the Court found no grounds to depart from the usual rule that parties bear their own costs in this instance.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Appeal

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