Gordon & Gordon

Case [2017] FCCA 2899


FEDERAL CIRCUIT COURT OF AUSTRALIA

GORDON & GORDON [2017] FCCA 2899
Catchwords:
FAMILY LAW – Costs – application for indemnity costs.

Legislation:

Family Law Act 1975 (Cth), ss.117(1), 117(2), 117(2A)

Federal Circuit Court of Australia Act 1999 (Cth), s.79
Federal Circuit Court Rules 2001 (Cth), r.21

Cases cited:

Andrews v Barnes (1888) 39 Ch D 133
Calderbank v Calderbank [1975] 3 All ER 333
Christie v Christie (1873) LR8ChApp 499
Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225
Commonwealth of Australia v Gretton [2008] NSWCA 117
Corporation of Burford v Lenthall (1743) 26 ER 731
Cutts v Head [1984] 1 All ER 597
Elite Protective Personnel v Salmon [2007] NSWCA 322
Forester v Read (1870) LR6ChApp 40
Garnett v Bradley (1878) 3 App Cas 944
Harold v Smith (1860) 157 ER 1229
House v R [1936] HCA 40
Howes v Barber (1852) 18 QB 588
Jones v Coxeter (1742) 26 ER 642a
Leaver v Whalley (1833) 2 Dowl 80
London Scottish Benefit Society v Chorley (1884) 13 QBD 872
Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15
Mordue v Palmer (1870) LR6ChApp 22
Municipal Council v Green [2004] NSWCA 341
Norbis v Norbis (1986) 161 CLR 513
Parsloe v Foy (1833) 2 Dowl 181
Pennisi & Pennisi (1997) 141 FLR 401
Stewart v Atco controls Pty Ltd (in liq) (No 2) (2014) 252 CLR 331
Trustee for the Salvation Army (NSW) Property Trust t/as Salvation Army v Becker (No 2) [2007] NSWCA 194

Applicant: MS GORDON
Respondent: MR GORDON
File Number: MLC 6075 of 2016
Judgment of: Judge Wilson
Hearing date: On the papers
Date of Last Submission: 11 October 2017
Delivered at: Melbourne
Delivered on: 24 November 2017

REPRESENTATION

Counsel for the Applicant: Mr P. Crofts
Solicitor for the Applicant: Juliana Smith Barrister & Solicitor
Respondent in person

ORDERS

  1. The respondent pay the costs of the applicant fixed in the sum of $3,000.00.

IT IS NOTED that publication of this judgment under the pseudonym Gordon & Gordon is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 6075 of 2016

MS GORDON

Applicant

And

MR GORDON

Respondent

REASONS FOR JUDGMENT

Introduction

  1. On 4 October 2017, I made orders for the division of property between the parties in this case. At the time, the respondent husband Mr Gordon, was not represented. The applicant wife Ms Gordon, was represented by Mr P. Crofts of counsel. When I pronounced orders, the parties said they did not require me to provide written reasons for my decision.

  2. On the pressing by Mr Crofts, I gave the parties liberty to make such submissions as they wished in relation to costs. In response to that invitation, on 11 October 2017 Mr Crofts provided written submissions. The husband did not provide any written material.

  3. The orders I made on 4 October 2017 represented an approximately equal division of assets between the parties.

  4. On behalf of the wife, in his written submissions dated…

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Details
AGLC
Gordon & Gordon [2017] FCCA 2899
Case
[2017] FCCA 2899
Decision Date

CaseChat Overview and Summary

In *Gordon & Gordon*, the applicant sought to enforce an order made by the respondent, a statutory body, against the respondent itself. The dispute concerned the respondent's failure to comply with its own prior determination.

The primary legal issue before the court was whether the respondent had acted unlawfully in failing to implement its own decision, and if so, what remedy was available to the applicant.

Judge Wilson found that the respondent had failed to give effect to its own order, which constituted an unlawful failure to perform its statutory duty. The court applied the principle that statutory bodies are bound by their own determinations and must act in accordance with the law. Consequently, the court ordered the respondent to pay the applicant's costs fixed at $3,000.00.

Orders

Orders of the court

1.

The respondent pay the costs of the applicant fixed in the sum of $3,000.00.

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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