HUBER & OVESEN (No.4)

Case

[2019] FCCA 3394

27 November 2019


Details
AGLC Case Decision Date
HUBER & OVESEN (No.4) [2019] FCCA 3394 [2019] FCCA 3394 27 November 2019

CaseChat Overview and Summary

In *Huber & Ovesen (No.4)*, Judge Kemp of the Family Court of Australia considered an application for costs made by the wife. The dispute concerned the wife's entitlement to an order for costs against the husband.

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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Charge

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

10

Statutory Material Cited

5

Penfold v Penfold [1980] HCA 4
Penfold v Penfold [1980] HCA 4
Latoudis v Casey [1990] HCA 59