Haseloff and Kormann and Ors
Case
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[2014] FamCA 570
•25 July 2014
Details
AGLC
Case
Decision Date
Haseloff and Kormann and Ors [2014] FamCA 570
[2014] FamCA 570
25 July 2014
CaseChat Overview and Summary
In *Haseloff and Kormann and Ors*, Dawe J of the Family Court of Australia was required to determine the appropriate orders regarding the costs of proceedings between the husband and wife. The dispute concerned the division of property and the associated costs incurred by the parties.
The primary legal issue before the court was the apportionment of costs between the husband and wife. Specifically, the court had to decide what proportion of the wife's costs the husband should be ordered to pay, and how the costs of any joint valuations should be treated.
Dawe J ordered that the husband pay two-thirds of the wife's costs of and incidental to the proceedings on a party and party basis. However, the costs of any joint valuations were to be borne equally by the husband and wife. The sum payable by the husband for the wife's costs was to be determined by agreement between the parties within twenty-one days, failing which it was to be assessed by a Registrar in accordance with the Family Law Rules 2004 (Cth).
The primary legal issue before the court was the apportionment of costs between the husband and wife. Specifically, the court had to decide what proportion of the wife's costs the husband should be ordered to pay, and how the costs of any joint valuations should be treated.
Dawe J ordered that the husband pay two-thirds of the wife's costs of and incidental to the proceedings on a party and party basis. However, the costs of any joint valuations were to be borne equally by the husband and wife. The sum payable by the husband for the wife's costs was to be determined by agreement between the parties within twenty-one days, failing which it was to be assessed by a Registrar in accordance with the Family Law Rules 2004 (Cth).
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
2
Penfold v Penfold
[1980] HCA 4
Penfold v Penfold
[1980] HCA 4