KARLSSON & KARLSSON
Case
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[2018] FCCA 3483
•9 November 2018
Details
AGLC
Case
Decision Date
Karlsson and Karlsson [2018] FCCA 3483
[2018] FCCA 3483
9 November 2018
CaseChat Overview and Summary
In *Karlsson & Karlsson*, heard by Judge Henderson, the dispute concerned an application by the father under section 79A of the *Family Law Act 1975* (Cth) and related parenting matters. The court also addressed an application for costs.
The primary legal issue before the court was the quantum of costs to be awarded to the wife, specifically whether those costs should be on an indemnity basis, given that costs had already been ordered but not on that specific footing.
Judge Henderson reasoned that while costs had been ordered, the wife had not been awarded indemnity costs. The court ultimately ordered the father to pay the wife's costs in the sum of $7,400.00, plus filing fees and counsel's fees specifically for the costs application. This sum was to be paid within 60 days. The matter was listed for mention on 21 March 2019, with leave granted for the parties to appear by telephone.
The primary legal issue before the court was the quantum of costs to be awarded to the wife, specifically whether those costs should be on an indemnity basis, given that costs had already been ordered but not on that specific footing.
Judge Henderson reasoned that while costs had been ordered, the wife had not been awarded indemnity costs. The court ultimately ordered the father to pay the wife's costs in the sum of $7,400.00, plus filing fees and counsel's fees specifically for the costs application. This sum was to be paid within 60 days. The matter was listed for mention on 21 March 2019, with leave granted for the parties to appear by telephone.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
Actions
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Citations
Karlsson and Karlsson [2018] FCCA 3483
Most Recent Citation
Karlsson & Karlsson (No 2) [2022] FedCFamC2F 1714
Cases Cited
2
Statutory Material Cited
2
Penfold v Penfold
[1980] HCA 4
Colgate-Palmolive Co v Cussons Pty Ltd
[1993] FCA 536