Hunt and Atkins

Case

[2015] FamCA 1152

20 November 2015


Details
AGLC Case Decision Date
Hunt and Atkins [2015] FamCA 1152 [2015] FamCA 1152 20 November 2015

CaseChat Overview and Summary

In the matter of *Hunt and Atkins*, heard by McClelland J, the dispute concerned the wife's applications filed on 14 July 2015 and an oral application made on 21 August 2015, along with the proceedings conducted on that latter date. The husband sought costs associated with these applications and proceedings.

The primary legal issue before the court was the determination of costs. Specifically, the court was required to decide whether the wife should be ordered to pay the husband's costs incurred in relation to her applications and the subsequent proceedings, and if so, on what basis.

McClelland J ordered that the wife pay the costs incurred by the husband in respect of her application filed on 14 July 2015, her oral application on 21 August 2015, and the proceedings heard on that date, such costs to be on a party and party basis, either by agreement or assessment. However, this costs order was stayed pending the hearing and determination of the wife's appeal filed on 17 September 2015, which concerned the orders made on 21 August 2015.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Appeal

  • Stay of Proceedings

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Atkins and Hunt (No 2) [2015] FamCA 707