Karapataki & Karapataki

Case [2011] FMCAfam 6


FEDERAL MAGISTRATES COURT OF AUSTRALIA

KARAPATAKI & KARAPATAKI [2011] FMCAfam 6
FAMILY LAW ─  Legal practitioners ─ conflict of interest ─ grounds to restrain solicitor from acting against former client ─ inherent jurisdiction or implied power of court to supervise and control the conduct of legal practitioners as officers of the court ─ danger of misuse of confidential information ─ continuing duty of loyalty ─ relevance of "getting to know you" factors ─ conclusion that wife's solicitor should no longer act for her in current proceedings.
Family Law Act 1975 (Cth)

Afkos Industries Pty Ltd v Pullinger Stewart [2001] WASCA 372

Bahonko v Nurses Board of Victoria (No 3) [2007] FCA 491

Black v Taylor [1993] 3 NZLR 403

Bowen v Stott [2004] WASC 94
Canberra Residential Developments Pty Ltd v Brendas [2009] FCA 1484
Geelong School Supplies Pty Ltd v Dean [2006] FCA 1404

Giannarelli v Wraith (1988) 165 CLR 543
Grimwade v Meagher and Ors(1995) 1 VR 446
Gugiatti v City of Stirling [2002] WASC 33
Holborow v Macdonald Rudder[2002] WASC 265

Ismail-Zai v The State of Western Australia (2007) WACA 150
Kallinicos v Hunt (2005) 64 NSWLR 561

Martin v MacDonald Estate (Gray) [1991] 1 WWR 705
McGillivray v Mitchell (1998) FLC 92-818
McMillan [2000] FamCA 1046; (2000) 26 Fam LR 653

Mills v Day Dawn Block Gold Mining Company Ltd [1882] QLJ 62
Mintel International Group Limited v Mintel (Australia) Pty Ltd [2000] FCA 1410

Owens (2009) FMCAFam 1397
Pascot [2010] FamCA 644

Pond & Thurga (No 2) [2007] FamCA 587

Raats v Gascoigne Wicks [2006] NZHC 598

Rakusen v Ellis, Munday & Clarke [1912] 1 Ch 831

Skipworth v State of Western Australia & Ors (No. 2) (2008) 218 FLR 16

Spincode Pty Ltd v Look Software Pty Ltd(2001) 4 VR 501

State of Western Australia v Ward and Ors (1997) 76 FCR 492
Thevanaz (1986) 11 Fam LR 95

Yunghanns v Elfic Ltd Unreported, Supreme Court of Victoria, Gillard J, 3 July 1998

Applicant: MS KARAPATAKI
Respondent: MR KARAPATAKI
File Number: MLC7797 of 2010
Judgment of: Walters FM
Hearing date: 11 October 2010
Date of Last Submission:

22 November 2010 (Wife)

6 December 2010 (Husband)

Delivered at: Melbourne
Delivered on: 5 January 2011

REPRESENTATION

Counsel for the Applicant: Ms Daly
Solicitors for the Applicant: Thomas Koutsoupias Lawyers & Co
Counsel for the Respondent: Ms Stoikovska & Mr Mort
Solicitors for the Respondent: Berger Kordos Lawyers

ORDERS

IT IS ORDERED THAT:

  1. The wife pay the husband’s costs fixed in the sum of $4785.00 ─ such costs to be paid within 9 months.

  2. The matter otherwise be adjourned to 4 February 2011 at 9.30 a.m. for mention only.

AND THE COURT NOTES THAT:

  1. The wife’s solicitor, Mr Koutsoupias, has indicated through Ms Daly of Counsel, that he will now cease acting for the wife.

IT IS NOTED that publication of this judgment under the pseudonym Karapataki & Karapataki is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL MAGISTRATES

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Karapataki & Karapataki [2011] FMCAfam 6
Case
[2011] FMCAfam 6
Decision Date

CaseChat Overview and Summary

The case of Karapataki & Karapataki involved a dispute between the husband and wife concerning financial matters arising from their marriage. The proceedings took place in the Family Court of Australia. The wife filed an application for various financial orders, which the husband contested. The court was tasked with determining the appropriate financial orders between the parties and assessing the costs incurred during the proceedings.

The central legal issues before the court included the allocation of financial responsibilities and the assessment of costs between the husband and wife. The court had to consider the financial circumstances of both parties, including their respective incomes, assets, and contributions to the marriage. Additionally, the court needed to decide on the appropriate costs order, assessing whether the husband or the wife should bear the costs of the proceedings and in what proportion.

In its reasoning, the court considered the evidence and submissions provided by both parties. It took into account the financial statements, the contributions made by each party during the marriage, and the future financial needs of both parties. The court found that the wife's application for financial orders was not substantiated by the evidence presented. Consequently, the court ruled that the wife should bear the husband's costs of the proceedings, which were fixed at $4785. Furthermore, the court noted that the wife's solicitor would cease acting for her.

The final orders of the court mandated that the wife pay the husband's costs within nine months and that the matter be adjourned for mention only on a specified date. The court also noted the change in representation for the wife, indicating that her former solicitor would no longer act on her behalf.

Orders

Orders of the court

IT IS ORDERED THAT:

1.

The wife pay the husband’s costs fixed in the sum of $4785.00 ─ such costs to be paid within 9 months.

2.

The matter otherwise be adjourned to 4 February 2011 at 9.30 a.m. for mention only.

AND THE COURT NOTES THAT:

3.

The wife’s solicitor, Mr Koutsoupias, has indicated through Ms Daly of Counsel, that he will now cease acting for the wife.

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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