Jess and Jess and Ors

Case

[2009] FamCA 556

29 June 2009


Details
AGLC Case Decision Date
Jess and Jess and Ors [2009] FamCA 556 [2009] FamCA 556 29 June 2009

CaseChat Overview and Summary

The case of *Jess and Jess* concerned a dispute between a wife and her husband, as well as second, third, and fourth respondents, regarding costs in family law proceedings. The applications before the court involved interim and final property orders.

The primary legal issues before Brown J were the allocation of costs associated with the wife's various applications for interim and final orders, and the husband's application for costs. The court was required to determine whether the wife should be ordered to pay the costs of the second, third, and fourth respondents, and whether the husband's application for costs should be granted.

Brown J ordered that the wife pay the costs of the second, third, and fourth respondents in relation to her amended applications for interim and final orders. These costs were to include those of senior counsel and were to be agreed between the parties or assessed if agreement could not be reached. The payment of these costs was stayed until either the determination of the competing applications for final property orders or one year from the date of agreement or assessment. The husband's application for costs was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Stay of Proceedings

  • Remedies

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