HUBER & OVESEN (No.4)
Case
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[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.
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
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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Charge
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Remedies
Actions
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Citations
HUBER & OVESEN (No.4) [2019] FCCA 3394
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