Hayward and Linares (No.2)
Case
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[2019] FCCA 3136
•6 November 2019
Details
AGLC
Case
Decision Date
Hayward and Linares (No.2) [2019] FCCA 3136
[2019] FCCA 3136
6 November 2019
CaseChat Overview and Summary
In the matter of *Hayward and Linares (No.2)*, Judge Terry considered a dispute between a father and mother concerning costs orders following earlier proceedings. The proceedings involved applications by the father for the mother to pay his costs, and by the mother for the father to pay her costs in relation to contravention proceedings.
The court was required to determine whether the father should be ordered to pay the mother's costs of the contravention proceedings, and whether the father should be awarded his costs for a court event on 19 September 2019. Additionally, the court had to consider the dismissal of further applications made by both parties.
The court ordered that the father pay the mother's costs of and incidental to the contravention proceedings, fixed at $10,454.00, to be paid by a specified date. The father's application for the mother to pay his costs of the court event on 19 September 2019 was dismissed. Furthermore, the father's application filed on 25 September 2019 and the mother's response to an application filed on 27 September 2019 were otherwise dismissed. Each party was ordered to bear their own costs in relation to the father's application filed on 25 September 2019.
The court was required to determine whether the father should be ordered to pay the mother's costs of the contravention proceedings, and whether the father should be awarded his costs for a court event on 19 September 2019. Additionally, the court had to consider the dismissal of further applications made by both parties.
The court ordered that the father pay the mother's costs of and incidental to the contravention proceedings, fixed at $10,454.00, to be paid by a specified date. The father's application for the mother to pay his costs of the court event on 19 September 2019 was dismissed. Furthermore, the father's application filed on 25 September 2019 and the mother's response to an application filed on 27 September 2019 were otherwise dismissed. Each party was ordered to bear their own costs in relation to the father's application filed on 25 September 2019.
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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Procedural Fairness
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