HUGHES & OLIVER

FAMILY COURT OF AUSTRALIA

HUGHES & OLIVER [2020] FamCA 318

FAMILY LAW – COSTS – Application for costs by the husband – Where the wife was wholly unsuccessful – Where the wife chose not to provide financial disclosure – Where the husband made two genuine offers in attempt to resolve the matter – Where there is no evidence of a response to either offer – Where there are exceptional circumstances – Costs application granted from the date of the first offer and in respect of certain court events on an indemnity basis as agreed, or assessed.

Family Law Act 1975 (Cth) s 117

Sfakianakis & Sfakianakis [2019] FamCAFC 54
Colgate-Palmolive Co & Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801

APPLICANT: Mr Hughes

RESPONDENT: Ms Oliver

FILE NUMBER: PAC 5262 of 2015

DATE DELIVERED: 4 May 2020

PLACE DELIVERED: In Chambers

PLACE HEARD: Newcastle

JUDGMENT OF: Cleary J

HEARING DATE: Heard by way of written submissions of the Applicant

REPRESENTATION

COUNSEL FOR THE APPLICANT: Not Applicable

SOLICITOR FOR THE APPLICANT: Brydens Lawyers

COUNSEL FOR THE RESPONDENT: Not Applicable

SOLICITOR FOR THE RESPONDENT: Not Applicable

Orders

1. That the wife shall pay the husband’s costs of and incidental to:

   (a)The trial concluded on 24 July 2018 calculated from 28 July 2017 on an indemnity basis as agreed or assessed; and

   (b)The application conducted on 16 November 2018 and 17 December 2018 to include preparation of Application and Affidavit in Support of Natalie Dadisho solicitor, on an indemnity basis as agreed or assessed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Oliver & Hughes has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER: PAC 5262 of 2015

Mr Hughes

Applicant

And

Ms Oliver

Respondent

REASONS FOR JUDGMENT

Introduction

1. This is an application for costs by the applicant husband arising from a trial with respect to adjustment of interests in matrimonial property. The trial was conducted in the Parramatta registry of this Court over two days in July 2018.

2. Orders and reasons were delivered on 14 September 2018.

3. On 12 October 2018 the Application in a Case (Costs) was filed by the husband supported by an Affidavit of his solicitor. 

4. The Application was listed for 16 November 2018 at 10.00 am in the Newcastle Registry, with the parties to attend by telephone.

5. On that day the solicitor for the husband appeared. There was no appearance by or on behalf of the wife. At 9.26 am on that day an application by the wife…