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.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Remedies

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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