Federal Circuit and Family Court of Australia
(DIVISION 2)
Karlsson & Karlsson (No 2) [2022] FedCFamC2F 1714
File number(s): SYC 8036 of 2017 Judgment of: JUDGE M NEVILLE Date of judgment: 14 December 2022 Catchwords: FAMILY LAW – costs – wife’s application for indemnity costs following summary dismissal of section 79A relief – husband wholly unsuccessful – whether proceedings necessitated by failure of party to comply with court orders – where husband seeks to raise costs of proceedings in 2017 – orders made for costs in favour of the wife at scale – husband’s application for leave to extend time to seek costs refused Legislation: Family Law Act 1975 (Cth) ss 79A, 117
Family Law Rules 2004 (Cth)
Federal Circuit Court Rules 2001 (Cth) sch 1, r 21.02
Cases cited: Colgate-Palmolive v Cussons Pty Ltd (1993) 46 FCR 225
Collins & Collins (1985) FLC 91-602
Cooper & Oakley (No 2) [2012] FamCAFC 187
Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania) v Fish and Another (2005) 33 Fam LR 123
Fountain Selected Meats Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397
I & I (No 2) (1995) FLC 92-625
Jensen & Jensen (1982) FLC 91-263
Karlsson & Karlsson [2018] FCCA 3483
Karlsson & Karlsson [2020] FamCAFC 207
Karlsson & Karlsson (No 2) [2020] FCCA 144
Kohan & Kohan (1993) FLC 92-340
Latoudis v Casey (1990) 170 CLR 534
Munday & Bowman (1997) FLC 92-784
Penfold v Penfold (1980) 144 CLR 311
Prantage & Prantage [2013] FamCAFC 105
Ragata Developments Pty Ltd v Westpac Banking Corporation [1993] FCA 115
Tetijo Holdings Pty Ltd v Keeprite Australia Pty Ltd [1991] FCA 225
Division: Division 2 Family Law Number of paragraphs: 160 Date of last submission/s: 28 June 2021 Date of hearing: On the papers Place: Sydney Counsel for the Applicant The applicant did not appear Counsel for the Respondent The respondent did not appear ORDERS
SYC 8036 of 2017 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS KARLSSON
Applicant
AND: MR KARLSSON
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
JUDGE M NEVILLE
DATE OF ORDER:
14 December 2022
THE COURT ORDERS THAT:
1.The husband is to pay the wife’s costs in relation to the Initiating Application filed by him on 7 June 2018 and dismissed on 29 January 2020, fixed in the amount of $27,123 to be paid from:
(a)The funds presently held on behalf of the parties in the trust account of C Lawyers; and
(b)To the extent that those funds are insufficient to satisfy the costs order, then the balance is to be paid by the husband personally.
2.In the event that the funds presently held on behalf of the parties in the trust account of C Lawyers exceed $27,123, then after that sum has been paid to the wife, the balance of the monies held on trust for the parties shall be paid to the husband.
Note: The form of the order is subject to the entry in the…
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