FEDERAL CIRCUIT COURT OF AUSTRALIA
| HUBER & OVESEN (No.4) | [2019] FCCA 3394 |
| Catchwords: FAMILY LAW – Costs. |
| Legislation: Family Law Act 1975 (Cth), s.117 Federal Circuit Court Act 1999, s.86 |
| Cases cited: Penfold v Penfold (1980) 144 CLR 311 |
| Applicant: | MR HUBER |
| Respondent: | MS OVESEN |
| File Number: | SYC 4336 of 2012 |
| Judgment of: | Judge Kemp |
| Hearing date: | In Chambers |
| Date of Last Submission: | 29 October 2019 |
| Delivered at: | Sydney |
| Delivered on: | 27 November 2019 |
REPRESENTATION
| Counsel for the Applicant: | Ms Cohen |
| Counsel for the Respondent: | Mr Friedlander |
THE COURT ORDERS THAT:
The wife be granted leave to make an application for costs in this matter.
The husband pay the wife the sum of $7,188.00 within 2 months of the date hereof.
Payment of the sum referred to in order 2 above, be a continuing charge against and on the husband’s member balance in any superannuation fund (including his interest in the Mr Huber Superannuation Fund) until such payment is made in full.
The matter is, otherwise, removed from the active pending cases list.
IT IS NOTED that publication of this judgment under the pseudonym Huber & Ovesen (No.4) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYC 4336 of 2012
| MR HUBER |
Applicant
And
| MS OVESEN |
Respondent
REASONS FOR JUDGMENT
Introduction
The husband’s Initiating Application in this matter was filed on 29 August 2012. This matter has had a very lengthy history in this Court, as outlined below.
Contravention application
On 10 February 2014, the husband filed a Contravention Application which related to an asserted breach by the respondent wife of a consent order made on 2 September 2013. That order was made when both parties were legally represented and was to the following effect:
That the wife do all things necessary to instruct her accountants to prepare taxation returns and financial statements for her personal self-managed superannuation fund for the years 2010, 2011, 2012 and to pay all moneys to the accountant for release of same within 60 days and provide the returns 2009, 2010, 2011, 2012 to the husband.
The wife had filed a Contravention Application on 2 September 2013 in relation to an asserted breach by the husband of…
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- AGLC
- HUBER & OVESEN (No.4) [2019] FCCA 3394
- Case
- [2019] FCCA 3394
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the wife should be granted leave to make an application for costs, and if so, what order for costs should be made.
Judge Kemp granted the wife leave to make an application for costs. The court ordered the husband to pay the wife the sum of $7,188.00 within two months. This payment was to be a continuing charge against the husband's member balance in any superannuation fund, including his interest in the Mr Huber Superannuation Fund, until fully discharged. The matter was then removed from the active pending cases list.
Orders
Orders of the court
1.
The wife be granted leave to make an application for costs in this matter.
2.
The husband pay the wife the sum of $7,188.00 within 2 months of the date hereof.
3.
Payment of the sum referred to in order 2 above, be a continuing charge against and on the husband’s member balance in any superannuation fund (including his interest in the Mr Huber Superannuation Fund) until such payment is made in full.
4.
The matter is, otherwise, removed from the active pending cases list.
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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