Jillet & Jillet (No 2)
Case
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[2019] FamCA 242
•18 April 2019
Details
AGLC
Case
Decision Date
Jillet & Jillet (No 2) [2019] FamCA 242
[2019] FamCA 242
18 April 2019
CaseChat Overview and Summary
In the matter of *Jillet & Jillet (No 2)*, Foster J considered applications for costs arising from primary proceedings and a subsequent "slip rule" application, as well as an application concerning the payment of a single expert's fees. Both parties sought orders for the costs of the primary proceedings.
The court was required to determine whether there were any circumstances justifying a departure from the general rule regarding costs in the primary proceedings and the "slip rule" application. Additionally, the court had to consider the payment of the single expert's fees and whether the parties should be ordered to pay them equally.
Regarding the primary proceedings and the "slip rule" application, Foster J found no circumstances that justified departing from the general rule that each party bears their own costs. Consequently, both applications for costs were dismissed. In relation to the single expert's fees, the court determined that there were no circumstances justifying a departure from the obligation for parties to pay such fees equally. The wife was ordered to reimburse the husband one half of the expert fees he had paid.
The court was required to determine whether there were any circumstances justifying a departure from the general rule regarding costs in the primary proceedings and the "slip rule" application. Additionally, the court had to consider the payment of the single expert's fees and whether the parties should be ordered to pay them equally.
Regarding the primary proceedings and the "slip rule" application, Foster J found no circumstances that justified departing from the general rule that each party bears their own costs. Consequently, both applications for costs were dismissed. In relation to the single expert's fees, the court determined that there were no circumstances justifying a departure from the obligation for parties to pay such fees equally. The wife was ordered to reimburse the husband one half of the expert fees he had paid.
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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Remedies
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Expert Evidence
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Procedural Fairness
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Citations
Jillet & Jillet (No 2) [2019] FamCA 242
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
2
Jillett and Jillett
[2018] FamCA 913
Penfold v Penfold
[1980] HCA 4
Penfold v Penfold
[1980] HCA 4