Gin & Hing (No 11)

Case [2024] FedCFamC1F 365


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Gin & Hing (No 11) [2024] FedCFamC1F 365

File number MLC 4528 of 2010
Judgment of WILSON J
Date of judgment 31 May 2024
Catchwords FAMILY LAW – COSTS – costs after very lengthy parenting trial.
Legislation

Family Law Act 1975 s 117

Federal Circuit and Family Court of Australia Act 2021

Cases cited

Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27

Carr v Western Australia (2007) 232 CLR 138

Charisteas v Charisteas (2021) 273 CLR 289

Chu Kheng Lim v Minister for Immigration (1992) 176 CLR 1

CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76

Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225

Commonwealth v Baume (1905) 2 CLR 405

Concrete Pty Ltd v Parramatta Design and Developments Pty Ltd (2006) 229 CLR  577

Cooper Brooks (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297

Director of Public Prosecutions for Victoria v Le (2007) 232 CLR 562

Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337

Fitzgerald v Fish (2005) 33 FamLR 123

Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 364

Gin & Hing (No 2) [2024] FedCFamC1A 59

Gin & Hing (No 3) [2022] FedCFamC1F 759

Gin & Hing (No 4) (2020) FamCA 746

Gin & Hing (No 4) [2022] FedCFamC1F 76o

Gin & Hing (No 5) [2022] FedCFamC1F 63

Gin & Hing (No 6) [2023] FedCFamC1F 68

Gin & Hing (No 7) [2023] FedCFamC1F 116

Gin & Hing (No 8) [2023] FedCFamC1F 954

Gin & Hing (No 9) [2024] FedCFamC1F 29

Gin & Hing [2021] FedCFamC1F 192

Gin & Hing [2024] FedCFamC1A 36

Johnson v Johnson (2000) 201 CLR 488

K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309

Minister for Lands (NSW) v Jeremias (1917) 23 CLR 322

Northern Territory v Collins (2008) 235 CLR 619

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355

QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 97 ALJR 419

Re JRL; ex parte CJL (1986) 161 CLR 342

Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue (2001) 207 CLR 72

Stevens v Kabushiki Kaisha Sony Computer Entertainment (2005) 224 CLR 193

Taylor v Public Service Board (NSW) (1976) 137 CLR 208

Vakauta v Kelly (1989) 167 CLR 568

Webb v R (1994) 181 CLR 41

Yanner v Eaton (1999) 201 CLR 351

Yarmirr v Northern Territory (2001) 208 CLR 1

Division Division 1 First Instance
Number of paragraphs 47
Date of hearing 17 May 2024
Place Melbourne
Counsel for the applicant Ms B Tulloch
Solicitors for the applicant MST Lawyers
Counsel for the respondent Mr F Dixon SC
Solicitors for the respondent Clancy & Triado

ORDERS

MLC 4528 of 2010

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN

MR GIN

Applicant

AND

MS HING

Respondent

ORDER MADE…

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Details
AGLC
Gin & Hing (No 11) [2024] FedCFamC1F 365
Case
[2024] FedCFamC1F 365
Decision Date

CaseChat Overview and Summary

In the case of Gin & Hing (No 11), the Federal Circuit and Family Court of Australia (Division 1) was called upon to address issues of costs following a lengthy and complex parenting trial. The applicant, Mr Gin, and the respondent, Ms Hing, were engaged in a protracted dispute over parenting arrangements for their child. The matter was finalised on 22 November 2023, following a trial that had commenced on 8 May 2019. The court was tasked with determining the allocation of costs between the parties, including the costs associated with an unsuccessful stay application filed by Mr Gin.

The central legal issue before the court was the allocation of costs incurred during the extensive litigation process. Specifically, the court had to consider the costs from the trial period, as well as those related to Mr Gin’s unsuccessful stay application. The court also needed to decide on the costs associated with a subsequent application made by Mr Gin on 20 May 2024, which was dismissed by the court. The court's decision needed to reflect the nature of the litigation, the outcomes of the various applications, and the principles governing costs in family law proceedings.

The court, in its decision, ordered that Mr Gin must pay Ms Hing’s costs from the trial period up until the finalisation of the matter. The costs were to be assessed on a party/party basis by a registrar and were to be completed by 29 July 2024. Additionally, Mr Gin was required to pay the costs associated with his unsuccessful stay application, once assessed by a registrar, within 30 days of the assessment. Furthermore, the court dismissed Mr Gin’s 20 May 2024 application and ordered him to pay Ms Hing’s costs of $3,000 relating to that application. The form of these orders is subject to entry in the court's records, and any minor typographical or grammatical errors may be subject to review or variation.

Orders

Orders of the court

MLC 4528 of 2010

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN

MR GIN

Applicant

AND

MS HING

Respondent

ORDER MADE BY

WILSON J

DATE OF ORDER

31 MAY 2024

THE COURT ORDERS THAT –

1. The father must pay the mother’s costs of and incidental to this proceeding from 8 May 2019 to 22 November 2023.

2. The costs assessed in order one above must be assessed by a registrar on a party/party basis such assessment to be completed by 29 July 2024.

3. The mother’s costs of and incidental to the father’s unsuccessful stay application must be assessed by a registrar on a party/party basis and once assessed, paid by the father within 30 days of the registrar assessing those party/party costs.

4. The father’s application in a proceeding dated 20 May 2024 is dismissed.

5. The father must pay the mother’s costs of $3,000 of and incidental to the father’s 20 May 2024 application.

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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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