FAMILY COURT OF AUSTRALIA
| HOME & HOME | [2007] FamCA 1657 |
| FAMILY LAW – COSTS – Service of itemised costs accounts – Extension of time for service – Review of Registrar’s order extending time – Review constitutes original hearing – Time for service of itemised costs accounts extended |
| Family Law Act 1975 (Cth) Family Law Rules 2004 (Cth); Rules 1.14, 18.10, 19.21, 19.23, 19.24 |
| Gallo v Dawson (1990) 93 ALR 479 |
| Harris v Caladine (1991) 172 CLR 84 |
| Morrison v Morrison (1995) FLC 92-573 |
| OP & HM [2002] FamCA 454 |
| Parrott v The Public Trustee of New South Wales (1994) FLC 92-473 |
| Penfold & Penfold (1980) 144 CLR 311 |
| Prowse v Prowse (1995) FLC 92-557 |
| Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 |
| APPLICANT: | Ms Home |
| RESPONDENT: | Mr Home |
| FILE NUMBER: | BRF | 2057 | of | 2004 |
| DATE DELIVERED: | 1 November 2007 |
| PLACE DELIVERED: | Brisbane |
| JUDGMENT OF: | Justice O’Reilly |
| HEARING DATE: | 1 November 2007 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Blattman |
| SOLICITOR FOR THE APPLICANT: | Mc Donald Brown |
| COUNSEL FOR THE RESPONDENT: SOLICITOR FOR THE RESPONDENT: | Mr Hoskins Berck & Associates |
Orders
IT IS ORDERED BY CONSENT
To the extent necessary, the time for the wife to file her application for a review of the orders made by Registrar Stevens on 5 September 2007 is extended to 28 September 2007.
AND IT IS ORDERED
The Registrar’s orders made on 5 September 2007 are set aside.
The time for service by the husband on the wife of three itemised costs accounts in relation to the costs order made by Coleman J on 14 December 2006 (the three itemised costs accounts being for the husband’s costs of and incidental to proceedings on 5 and 6 December 2005, 26 May 2006 and 8 June 2006) is extended to 1 November 2007.
The husband pay the wife's costs, including Counsel's fees, of and incidental to the husband's application filed on 26 July 2007 before Registrar Stevens, to be assessed if not agreed, to be set off against the costs the wife is to pay the husband pursuant to Coleman J’s costs order made on 14 December 2006.
There be no order as to costs of or relating to the wife's review application.
NOTATION:
The intent of paragraph 3 of these orders is that for the purpose of Rule 19.23 of the Family Law Rules 2004 all 3 itemised costs accounts (although already delivered on 27 September 2007 as to the first and 2 October 2007 as to the second and third) be regarded as served on 1 November 2007 so that the time for the service of notices disputing the itemised costs accounts will run from 1 November 2007 and, if the parties are unable to resolve the dispute, the time pursuant to Rule 19.24(3) for either party to ask the Court to determine the dispute, by filing in the Registry the itemised costs accounts and the notices disputing the itemised costs accounts, will run from 28 November 2007.
IT IS NOTED that publication of…
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- Hill v Hill [2007] FamCA 1657
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- [2007] FamCA 1657
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CaseChat Overview and Summary
The primary legal issues before the court were whether to extend the time for the wife to file her review application, whether to set aside the Registrar's orders of 5 September 2007, and whether to extend the time for the husband to serve itemised costs accounts related to the earlier costs order. The court also had to determine the costs of the husband's application and the wife's review application.
Justice O’Reilly, by consent of the parties, extended the time for the wife to file her review application and set aside the Registrar's orders of 5 September 2007. The court also extended the time for the husband to serve three itemised costs accounts, deeming them served on 1 November 2007 for the purposes of the Family Law Rules 2004, which would then trigger the timeframes for disputing those accounts. The husband was ordered to pay the wife's costs of his application, to be assessed and set off against the costs the wife was to pay him under the previous order of Coleman J. No order was made as to the costs of the wife's review application.
Orders
Orders of the court
IT IS ORDERED BY CONSENT
1.
To the extent necessary, the time for the wife to file her application for a review of the orders made by Registrar Stevens on 5 September 2007 is extended to 28 September 2007.
AND IT IS ORDERED
2.
The Registrar’s orders made on 5 September 2007 are set aside.
3.
The time for service by the husband on the wife of three itemised costs accounts in relation to the costs order made by Coleman J on 14 December 2006 (the three itemised costs accounts being for the husband’s costs of and incidental to proceedings on 5 and 6 December 2005, 26 May 2006 and 8 June 2006) is extended to 1 November 2007.
4.
The husband pay the wife's costs, including Counsel's fees, of and incidental to the husband's application filed on 26 July 2007 before Registrar Stevens, to be assessed if not agreed, to be set off against the costs the wife is to pay the husband pursuant to Coleman J’s costs order made on 14 December 2006.
5.
There be no order as to costs of or relating to the wife's review application.
NOTATION:
The intent of paragraph 3 of these orders is that for the purpose of Rule 19.23 of the Family Law Rules 2004 all 3 itemised costs accounts (although already delivered on 27 September 2007 as to the first and 2 October 2007 as to the second and third) be regarded as served on 1 November 2007 so that the time for the service of notices disputing the itemised costs accounts will run from 1 November 2007 and, if the parties are unable to resolve the dispute, the time pursuant to Rule 19.24(3) for either party to ask the Court to determine the dispute, by filing in the Registry the itemised costs accounts and the notices disputing the itemised costs accounts, will run from 28 November 2007.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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