Hinde and Hinde and Anor
Case
•
[2009] FamCA 1196
•3 December 2009
Details
AGLC
Case
Decision Date
Hinde and Hinde and Anor [2009] FamCA 1196
[2009] FamCA 1196
3 December 2009
CaseChat Overview and Summary
In *Hinde and Hinde and Anor*, the husband and the second respondent sought an amendment to an order made by Justice Carmody on 26 June 2008. The original order concerned the payment of costs following a final hearing.
The primary legal issue before Barry J was whether the existing costs order should be amended and, if so, in what terms. Specifically, the court was asked to consider the basis and timeframe for the payment of the wife's costs and the second respondent's costs.
Barry J ordered that the original costs order be amended to stipulate that within sixty days of the date of the new order, the husband was to pay the wife's costs of and incidental to the final hearing on an indemnity basis. Furthermore, the husband was to pay the second respondent's costs of and incidental to the final hearing, with these costs to be agreed within fourteen days or otherwise taxed.
The primary legal issue before Barry J was whether the existing costs order should be amended and, if so, in what terms. Specifically, the court was asked to consider the basis and timeframe for the payment of the wife's costs and the second respondent's costs.
Barry J ordered that the original costs order be amended to stipulate that within sixty days of the date of the new order, the husband was to pay the wife's costs of and incidental to the final hearing on an indemnity basis. Furthermore, the husband was to pay the second respondent's costs of and incidental to the final hearing, with these costs to be agreed within fourteen days or otherwise taxed.
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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Appeal
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Remedies
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