Jun & Genyu (No 2)

Case [2023] FedCFamC2F 1549


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Jun & Genyu (No 2) [2023] FedCFamC2F 1549

File number(s): MLC 9353 of 2021
Judgment of: JUDGE BOYMAL
Date of judgment: 6 December 2023
Catchwords: FAMILY LAW – Costs – husband and second respondent seek costs against the wife – wife concedes that there are circumstances that justify costs orders be made – wife seeks that no orders for costs be made – orders for wife to pay costs of the husband and second respondent
Legislation:

Family Law Act 1975 (Cth) s 117

Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 r 12.08, Schedule 1

Cases cited:

Browne v Green (2002) FLC 93-115

Harris & Harris [1987] FamCA 7

I and I (No 2) (1995) FLC 92-625

In the Marriage of Murrayand Murray (1990) FLC 92-173

Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2008] NSWCA 85

Latoudis v Casey [1990] HCA 59

Lenova & Lenova (Costs) [2011] FamCAFC 141

Medlon & Medlon (No. 6) (Indemnity costs) (2015) FLC 93-664

PBF as Child Representative for AF (Legal Aid Commission of Tasmania) & TRF & LKL [2005] FamCA 158

Pennisi v Pennisi (1997) FamCA 39

Robinson and Higginbotham [1991] FamCA 4

Wiedman & Page (Costs) [2014] FamCA 173

Division: Division 2 Family Law
Number of paragraphs: 80
Date of last submission/s: 22 June 2023
Place: Melbourne
Solicitor for the Applicant: Robinson Gill
Solicitor for the First Respondent: Zenith Lawyers and Consultants
Solicitor for the Second Respondent: Oakfair Lawyers

ORDERS

MLC 9353 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR JUN

Applicant

AND:

MS GENYU

First Respondent

MS HENG

Second Respondent

ORDER MADE BY:

JUDGE BOYMAL

DATE OF ORDER:

6 DECEMBER 2023

THE COURT ORDERS THAT:

1.Within 60 days of the date of these orders the first respondent wife pay the costs of the applicant husband fixed in the sum of $7,075.00.

2.Within 60 days of the date of these orders the first respondent wife pay the costs of the second respondent fixed in the sum of $7,075.00.

3.The applications for costs by the applicant husband and second respondent be otherwise dismissed.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR…

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AGLC
Jun & Genyu (No 2) [2023] FedCFamC2F 1549
Case
[2023] FedCFamC2F 1549
Decision Date

CaseChat Overview and Summary

Jun & Genyu (No 2) involved a dispute between Mr Jun, the applicant, and Ms Genyu, the first respondent, as well as Ms Heng, the second respondent. The dispute centred on costs incurred during family law proceedings. Mr Jun and Ms Heng sought costs against Ms Genyu, who conceded that there were circumstances justifying an order for costs but argued that no such order should be made. The matter was heard in Division 2 of the Federal Circuit and Family Court of Australia.

The court had to decide whether to make an order for Ms Genyu to pay the costs of the proceedings to Mr Jun and Ms Heng. The key issue was whether the circumstances of the case justified an order for costs against Ms Genyu and, if so, the amount of those costs. The court needed to balance Ms Genyu’s concession that costs were justified against her argument for no order to be made, considering the overall conduct of the parties and the principles of fairness.

Judge Boymal found that Ms Genyu had conceded that there were circumstances justifying costs orders. Despite this concession, the judge considered the arguments presented by Ms Genyu and the overall fairness of the situation. The judge concluded that the circumstances of the case warranted an order for costs, and the amounts claimed by Mr Jun and Ms Heng were reasonable. The judge ordered Ms Genyu to pay $7,075.00 to each of the applicants within 60 days of the order. The applications for costs by Mr Jun and Ms Heng were otherwise dismissed.

The court's orders required Ms Genyu to pay the specified costs to Mr Jun and Ms Heng within 60 days. The form of the order was subject to entry in the court’s records, and the reasons for judgment could be reviewed for minor errors or to record variations to the order.

Orders

Orders of the court

MLC 9353 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR JUN

Applicant

AND:

MS GENYU

First Respondent

MS HENG

Second Respondent

ORDER MADE BY:

JUDGE BOYMAL

DATE OF ORDER:

6 DECEMBER 2023

THE COURT ORDERS THAT:

1. Within 60 days of the date of these orders the first respondent wife pay the costs of the applicant husband fixed in the sum of $7,075.00.

2. Within 60 days of the date of these orders the first respondent wife pay the costs of the second respondent fixed in the sum of $7,075.00.

3. The applications for costs by the applicant husband and second respondent be otherwise dismissed.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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