Hejiz and Hejiz (No 2)
Case
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[2017] FamCA 616
•17 August 2017
Details
AGLC
Case
Decision Date
Hejiz and Hejiz (No 2) [2017] FamCA 616
[2017] FamCA 616
17 August 2017
CaseChat Overview and Summary
In *Hejiz and Hejiz (No 2)*, Foster J of the Federal Circuit Court of Australia considered an interim application concerning costs. The specific dispute related to the costs associated with an interim application that had been determined by orders made on 27 June 2017.
The primary legal issue before the court was how to deal with the costs of that prior interim application. The court was required to determine whether those costs should be resolved at the final hearing of the substantive matter or if an alternative resolution, such as agreement between the parties, was appropriate.
Foster J reasoned that it was not appropriate to finally determine the costs of the interim application at that juncture. Instead, the court ordered that the determination of those costs be reserved to the final hearing of the proceedings. Alternatively, the parties were given the opportunity to reach their own agreement regarding the costs.
The primary legal issue before the court was how to deal with the costs of that prior interim application. The court was required to determine whether those costs should be resolved at the final hearing of the substantive matter or if an alternative resolution, such as agreement between the parties, was appropriate.
Foster J reasoned that it was not appropriate to finally determine the costs of the interim application at that juncture. Instead, the court ordered that the determination of those costs be reserved to the final hearing of the proceedings. Alternatively, the parties were given the opportunity to reach their own agreement regarding the costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
Actions
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Citations
Hejiz and Hejiz (No 2) [2017] FamCA 616
Cases Citing This Decision
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