K (formerly v) and v

Case

[2008] FamCA 399

10 June 2008


Details
AGLC Case Decision Date
K (formerly v) and v [2008] FamCA 399 [2008] FamCA 399 10 June 2008

CaseChat Overview and Summary

The case of *K (formerly v) and v* concerned an application for costs following multiple hearings in the Family Court of Australia. The dispute revolved around the final property settlement between the Husband and the Wife, which had been the subject of proceedings before a Judicial Registrar and then before Boland J, Cohen J, and Lawrie J. The present decision by O'Ryan J addressed the costs associated with these various hearings.

The primary legal issue before O'Ryan J was the determination of which party should bear the costs of the previous applications for final property settlement and the subsequent applications for costs. The Husband had also made an application for costs.

O'Ryan J ordered that the Husband pay the Wife's costs of and incidental to the hearings before the Judicial Registrar, Boland J, Cohen J, and Lawrie J. These costs were to be agreed between the parties within 21 days, or failing agreement, assessed by a Registrar on a party and party basis. Furthermore, the Husband was ordered to pay the Wife's costs of the hearing before O'Ryan J concerning the costs applications, also to be agreed or assessed. The Husband's own application for costs was dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

1

Penfold v Penfold [1980] HCA 4