GEMUNU & GUNASEKARA (No.2)
Case
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[2019] FCCA 344
•15 February 2019
Details
AGLC
Case
Decision Date
GEMUNU & GUNASEKARA (No.2) [2019] FCCA 344
[2019] FCCA 344
15 February 2019
CaseChat Overview and Summary
In *Gemunu & Gunasekara (No.2)*, Judge Harland of the Family Court of Australia considered an application for costs following a nine-day parenting trial. The dispute concerned the allocation of costs between the husband and wife after the conclusion of the substantive proceedings.
The central legal issue before the Court was whether an order for costs should be made against one party in favour of the other, and if so, the quantum of those costs. This required the Court to assess the conduct of the parties during the litigation and consider the principles governing cost orders in family law matters.
Judge Harland ordered that the husband pay the wife's costs fixed at $41,100. This sum was to be deducted from the husband's share of the proceeds from the sale of properties or from any final property orders, whichever event occurred first.
The central legal issue before the Court was whether an order for costs should be made against one party in favour of the other, and if so, the quantum of those costs. This required the Court to assess the conduct of the parties during the litigation and consider the principles governing cost orders in family law matters.
Judge Harland ordered that the husband pay the wife's costs fixed at $41,100. This sum was to be deducted from the husband's share of the proceeds from the sale of properties or from any final property orders, whichever event occurred first.
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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Remedies
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Gunasekara and Gemunu
[2018] FCCA 131
Eades & Wrensted
[2014] FCWA 64
Wrensted & Eades
[2016] FamCAFC 46