HARMON & KARDOS

[2020] FamCA 452

FAMILY COURT OF AUSTRALIA

HARMON & KARDOS [2020] FamCA 452

FAMILY LAW – COSTS – CONTRAVENTION – Where the mother seeks that the father pay her costs in respect to the contravention application filed by the father – Where the contravention application was dismissed on the basis that the father had failed to establish the existence of a precondition to the relevant orders alleged to have been contravened – Where the Court found that, in the event that it was necessary to determine the issue, that the mother would have established a reasonable excuse – Consideration of whether the father was wholly unsuccessful – Consideration of other relevant considerations – Consideration of the financial circumstances of the parties – Orders made for the father to pay costs to the mother on a party/party basis.

Family Law Act 1975 (Cth) s. 70NBA, 70NCB, 70NEB, 70NFB, 117.
Family Court Rules 2004 (Cth) r. 19.18

Emergency Management (Cross Border Travel No. 3) (COVID-19) Direction 2020 (SA)

Byrnes v Brisconnections Management Co Ltd (No. 2) [2009] FCA 1432
Cheni & Stiller (No.2) [2016] FamCA 2018
Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania)) v Fish (2005) 33 Fam LR 123
Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23
Kohan and Kohan (1993) FLC 92-340
Medlon & Medlon (No 6) (Indemnity Costs) (2015) FLC 93-664
Penfold v Penfold (1980) 144 CLR 311
Stoian v Fiening (Costs) [2014] FamCA 944

APPLICANT: Ms Harmon

RESPONDENT: Mr Kardos

FILE NUMBER: ADC 4983 Of 2017

DATE DELIVERED: 9 June 2020

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: McClelland DCJ

HEARING DATE: By way of written submissions

REPRESENTATION

THE APPLICANT APPEARING IN PERSON.

SOLICITOR FOR THE RESPONDENT: Best Wilson Buckley Family Law

Orders

1. That Mr Kardos (“the father”) pay Ms Harmon’s (“the mother”) legal costs of and incidental to the Contravention Application filed by the father on 30 April 2020 within 28 days of the costs be agreed or assessed on a party/party basis.

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 Harmon & Kardos 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).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: ADC 4983 of 2017

Ms Harmon

Applicant

And

Mr Kardos

Respondent

REASONS FOR JUDGMENT

Introduction

1. This decision concerns an application for costs made by Ms Harmon (“the mother”) related to the Contravention Application filed by Mr Kardos (“the father”) on 30 April 2020. By Orders made on 7 May 2020, the Court dismissed the Contravention Application that alleged the mother had…