Hall and Hall (Costs)

Case

[2014] FamCA 404

17 June 2014


Details
AGLC Case Decision Date
Hall and Hall (Costs) [2014] FamCA 404 [2014] FamCA 404 17 June 2014

CaseChat Overview and Summary

In the matter of *Hall and Hall (Costs)*, Dawe J of the Federal Circuit and Family Court of Australia considered an application concerning costs. The dispute arose from an application made by the husband for Mr Simons, a solicitor, to cease acting for subpoenaed parties.

The primary legal issue before the Court was the determination of costs associated with the husband's application. Specifically, the Court was required to decide who should bear the costs of Mr Simons in relation to this application and whether the matter warranted certification for senior counsel.

Dawe J ordered that the husband was to pay the costs of Mr Simons, both of and incidental to the application for Mr Simons to cease acting for the subpoenaed parties. These costs were to be agreed upon by the parties within fourteen days, and if agreement could not be reached, the costs were to be determined by a Registrar. Furthermore, the Court certified that the matter was fit for senior counsel.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

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