Holbert and Holbert

Case

[2020] FamCA 567

24 July 2020


Details
AGLC Case Decision Date
Holbert and Holbert [2020] FamCA 567 [2020] FamCA 567 24 July 2020

CaseChat Overview and Summary

In the matter of *Holbert and Holbert*, McEvoy J of the Family Court of Australia considered an application by the wife concerning costs and the dismissal of certain applications. The dispute revolved around the wife's applications filed on 24 April 2019 and 17 May 2019, and the husband's liability for the wife's costs in relation to these applications.

The primary legal issue before the court was whether the husband should be ordered to pay the wife's costs of and incidental to her application filed on 24 April 2019. A secondary issue was the disposition of the wife's applications filed on 24 April 2019 and 17 May 2019.

McEvoy J ordered that the wife's costs of and incidental to the application filed on 24 April 2019 were to be paid by the husband on a party-party basis, with the amount to be agreed or assessed in default of agreement. The court further ordered that the wife's Application in a Case filed on 24 April 2019 and her Amended Application in a Case filed on 17 May 2019 be otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Remedies

Actions
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Cases Citing This Decision

1

Holbert & Holbert (No 2) [2025] FedCFamC1F 77
Cases Cited

5

Statutory Material Cited

1

HOLBERT & HOLBERT [2019] FamCA 566
Baum & Lokare (No 2) [2019] FamCA 292
Penfold v Penfold [1980] HCA 4