HESTER & HESTER (No.2)

Case

[2018] FCCA 3140

2 November 2018


Details
AGLC Case Decision Date
HESTER & HESTER (No.2) [2018] FCCA 3140 [2018] FCCA 3140 2 November 2018

CaseChat Overview and Summary

In *Hester & Hester (No.2)*, the Honourable Justice Obradovic of the Family Court of Australia considered an application for costs in proceedings numbered PAC2671/2016. The dispute concerned the financial consequences arising from the dissolution of the marriage between the husband and wife.

The central legal issue before the court was the appropriate allocation of costs between the parties, specifically whether the husband should be ordered to pay a portion of the wife's legal expenses. This determination required the court to assess the conduct of the parties throughout the proceedings and the overall justice of the case in relation to cost orders.

Justice Obradovic reasoned that an order for costs was warranted in favour of the wife. The court applied the general principle that costs follow the event, but also considered the specific circumstances of the case and the conduct of the parties in making its determination. The court ultimately found it just and equitable to make a costs order against the husband.

Upon order (7) made on 10 May 2018 coming into effect, the husband was ordered to pay the wife the sum of $20,723.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

3

Hester and Hester [2018] FCCA 1137
Penfold v Penfold [1980] HCA 4
Wrensted & Eades [2016] FamCAFC 46