Johnson and Cross-Ware
Case
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[2014] FamCA 928
•30 October 2014
Details
AGLC
Case
Decision Date
Johnson and Cross-Ware [2014] FamCA 928
[2014] FamCA 928
30 October 2014
CaseChat Overview and Summary
In the matter of *Johnson and Cross-Ware*, heard before Thornton J, the applicant sought orders for costs against the respondent. The precise nature of the underlying dispute that led to this costs application is not detailed in the provided text.
The central legal issue before the court was the determination of the quantum and basis of the costs to be awarded to the respondent. Specifically, the court was required to decide which components of the respondent's legal expenses were recoverable from the applicant and on what scale.
Thornton J ordered that the applicant pay the respondent's costs of the hearing. This included the attendance of the instructing solicitor, counsel's appearance, the hearing fee, and two-thirds of the preparation fees for both instructing solicitors and counsel. These costs were to be assessed on a party/party basis, according to an agreed scale, within 28 days. In the event of disagreement on the scale, the costs were to be assessed accordingly.
The central legal issue before the court was the determination of the quantum and basis of the costs to be awarded to the respondent. Specifically, the court was required to decide which components of the respondent's legal expenses were recoverable from the applicant and on what scale.
Thornton J ordered that the applicant pay the respondent's costs of the hearing. This included the attendance of the instructing solicitor, counsel's appearance, the hearing fee, and two-thirds of the preparation fees for both instructing solicitors and counsel. These costs were to be assessed on a party/party basis, according to an agreed scale, within 28 days. In the event of disagreement on the scale, the costs were to be assessed accordingly.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Citations
Johnson and Cross-Ware [2014] FamCA 928
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
2
Oshlack v Richmond River Council
[1998] HCA 11
Oshlack v Richmond River Council
[1998] HCA 11