JUDD & MOORE
Case
•
[2014] FCCA 710
•17 April 2014
Details
AGLC
Case
Decision Date
JUDD & MOORE [2014] FCCA 710
[2014] FCCA 710
17 April 2014
CaseChat Overview and Summary
In the matter of JUDD & MOORE, the applicant wife sought leave to apply for a costs order out of time from Judge Dunkley. The dispute concerned the wife's entitlement to recover her legal costs from the husband in a previous family law proceeding.
The primary legal issue before the court was whether to grant the wife leave to make a costs application after the usual time limits had expired. This involved considering the court's discretion to dispense with its rules and regulations to permit such an application.
Judge Dunkley granted the wife leave to apply for a costs order out of time, dispensing with any rule or regulation that would otherwise prevent such an application. The court ordered the husband to pay the wife the sum of $7,512 on account of her costs within 45 days of the date of the order.
The primary legal issue before the court was whether to grant the wife leave to make a costs application after the usual time limits had expired. This involved considering the court's discretion to dispense with its rules and regulations to permit such an application.
Judge Dunkley granted the wife leave to apply for a costs order out of time, dispensing with any rule or regulation that would otherwise prevent such an application. The court ordered the husband to pay the wife the sum of $7,512 on account of her costs within 45 days of the date of the order.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Family Law
Legal Concepts
-
Costs
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
JUDD & MOORE [2014] FCCA 710
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
3
Romano and June
[2013] FamCAFC 198
Gallo v Dawson
[1990] HCA 30
Gallo v Dawson
[1990] HCA 30