FAMILY COURT OF AUSTRALIA
| GRAFT & MCCORMICK (COSTS) | [2018] FamCAFC 82 |
| FAMILY LAW – APPEAL – COSTS – Where the husband sought an order for indemnity costs – Where the wife opposed an order for costs – Whether the circumstances were special or extraordinary – Where the wife had been litigating relentlessly since the making of final parenting orders – Where the appeals were filed to re-agitate finalised matters – Where the father had been put to considerable expense meeting the mother’s claims – Where the circumstances were deemed special or extraordinary – Indemnity costs ordered against the wife. |
| Family Law Act 1975 (Cth) s 117 Family Law Rules 2004 (Cth) |
| Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 536 Graft & McCormick [2018] FamCAFC 49 Lenova & Lenova (Costs) [2011] FamCAFC 141 Nada & Nettle (Costs) (2014) FLC 93-612; [2014] FamCAFC 207 |
| APPELLANT: | Ms Graft |
| RESPONDENT: | Mr McCormick |
| FILE NUMBER: | CSC | 301 | of | 2009 |
| APPEAL NUMBERS: | NOA | 32 | of | 2017 |
| NOA | 59 | of | 2017 | |
| NOA | 9 | of | 2018 | |
| NOA | 17 | of | 2018 |
| DATE DELIVERED: | 14 March 2018 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | In chambers |
| JUDGMENT OF: | Murphy J |
| HEARING DATE: | Written Submissions received 21 March 2018 and 3 April 2018 |
| LOWER COURT JURISDICTION: | Federal Circuit Court of Australia |
| LOWER COURT JUDGMENT DATE: | 10 July 2017; 18 October 2017; |
| LOWER COURT MNC: | [2017] FCCA 2828; [2017] FCCA 3281; [2018] FCCA 321 |
REPRESENTATION
| FOR THE APPELLANT: | In person |
| COUNSEL FOR THE RESPONDENT: | Mr Pack |
| SOLICITOR FOR THE RESPONDENT: | Collier Lawyers Pty Ltd |
Orders
The appellant wife pay the respondent husband’s costs of and incidental to each appeal and each application in an appeal fixed in the total sum of $14,443.00
The total of the said costs shall be paid within ninety (90) days of the date of this order.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Graft & McCormick (Costs) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| IN THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT BRISBANE |
FILE NUMBER: CSC 301 of 2009
APPEAL NUMBER: NOA 32 of 2017
NOA 59 of 2017
NOA 9 of 2018
NOA 17 of 2018
| Ms Graft |
Appellant
And
| Mr McCormick |
Respondent
REASONS FOR JUDGMENT
On 14 March 2018 I determined the Appeals in each of NOA32 of 2017, NOA59 of 2018, NOA9 of 2018 and NOA17 of 2018. The mother was unsuccessful in each of the appeals and in each of the Applications in an…
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- AGLC
- Graft and McCormick (Costs) [2018] FamCAFC 82
- Case
- [2018] FamCAFC 82
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the assessment of costs incurred by the husband in response to the wife's appeal and the subsequent applications connected to that appeal. The court had to determine whether the husband's costs were reasonable and necessary, and if the amount claimed was justifiable given the circumstances of the case. Furthermore, the court needed to decide on the appropriate time frame for the payment of these costs.
In delivering the judgment, the court meticulously reviewed the evidence and submissions presented by both parties. The court found that the husband’s costs were reasonable and necessary, considering the complexity and duration of the appeal process. The court noted that the husband had been diligent in pursuing his claims and had provided detailed accounts of the costs incurred. The court also determined that the total sum of $14,443.00 was appropriate, given the extensive nature of the legal work undertaken. Consequently, the court ordered that the wife pay the husband’s costs within ninety days from the date of the order. This decision underscored the importance of ensuring that parties who engage in legal proceedings are held accountable for the costs they incur.
Orders
Orders of the court
1.
The appellant wife pay the respondent husband’s costs of and incidental to each appeal and each application in an appeal fixed in the total sum of $14,443.00
2.
The total of the said costs shall be paid within ninety (90) days of the date of this order.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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