Johanson and Johanson (No. 2)
Case
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[2018] FamCA 806
•25 September 2018
Details
AGLC
Case
Decision Date
Johanson and Johanson (No. 2) [2018] FamCA 806
[2018] FamCA 806
25 September 2018
CaseChat Overview and Summary
In *Johanson and Johanson (No. 2)*, Cleary J of the Family Court of Australia considered an application for costs following earlier proceedings between the husband and wife. The specific dispute before the court concerned the wife's entitlement to costs for a hearing that took place on 12 and 13 April 2018.
The primary legal issue before Cleary J was whether the wife should be awarded costs for the aforementioned hearing, and if so, on what basis. The court was required to determine the appropriate disposition of costs in light of the circumstances surrounding the hearing.
Cleary J ordered that the husband pay the wife's costs on a party/party basis. These costs were to be either as agreed between the parties or, failing agreement, as assessed by the court. The payment was to be made within 28 days of the costs being agreed or assessed, whichever event occurred first.
The primary legal issue before Cleary J was whether the wife should be awarded costs for the aforementioned hearing, and if so, on what basis. The court was required to determine the appropriate disposition of costs in light of the circumstances surrounding the hearing.
Cleary J ordered that the husband pay the wife's costs on a party/party basis. These costs were to be either as agreed between the parties or, failing agreement, as assessed by the court. The payment was to be made within 28 days of the costs being agreed or assessed, whichever event occurred first.
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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