Jabbar and Gade (No.10)
Case
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[2017] FCCA 3404
•28 July 2017
Details
AGLC
Case
Decision Date
Jabbar and Gade (No.10) [2017] FCCA 3404
[2017] FCCA 3404
28 July 2017
CaseChat Overview and Summary
In *Jabbar and Gade (No.10)*, Judge Terry of the Federal Circuit Court of Australia considered applications for costs following proceedings related to contempt and contravention. The applicant sought costs in relation to these applications, which had been brought by the respondent.
The primary legal issue before the Court was the appropriate order for costs in circumstances where the respondent had brought multiple applications for contempt and contravention against the applicant. The Court was required to determine whether the respondent should be awarded costs and, if so, on what basis and in what amount.
Judge Terry ordered that the applicant pay the respondent's costs of and incidental to the Application for Contempt filed on 22 July 2016, the Application for Contempt filed on 29 August 2016, and the Application for Contravention filed on 9 March 2017. These costs were fixed at $7,378.00. Further consideration of the date for payment of this amount was adjourned pending the delivery of reasons in a related property matter.
The primary legal issue before the Court was the appropriate order for costs in circumstances where the respondent had brought multiple applications for contempt and contravention against the applicant. The Court was required to determine whether the respondent should be awarded costs and, if so, on what basis and in what amount.
Judge Terry ordered that the applicant pay the respondent's costs of and incidental to the Application for Contempt filed on 22 July 2016, the Application for Contempt filed on 29 August 2016, and the Application for Contravention filed on 9 March 2017. These costs were fixed at $7,378.00. Further consideration of the date for payment of this amount was adjourned pending the delivery of reasons in a related property matter.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Jurisdiction
Actions
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Citations
Jabbar and Gade (No.10) [2017] FCCA 3404
Most Recent Citation
Jabbar v Gade (No. 3) (pseudonyms) [2022] NSWSC 1400
Cases Cited
1
Statutory Material Cited
3
Lane v Registrar of the Supreme Court of New South Wales
[1981] HCA 35
Lane v Registrar of the Supreme Court of New South Wales
[1981] HCA 35