Kartal & Dutsanee
Case
•
[2016] FamCA 1158
•16 December 2016
Details
AGLC
Case
Decision Date
Kartal & Dutsanee [2016] FamCA 1158
[2016] FamCA 1158
16 December 2016
CaseChat Overview and Summary
The parties in this matter were the husband and wife, who brought proceedings before Loughnan J. The dispute concerned the wife's obligation to contribute to the husband's legal costs, specifically in relation to her own legal fees and expenses. The wife had filed an Amended Application in a Case and a Response, while the husband sought orders regarding the payment of his solicitor's fees.
The central legal issue before the court was whether the wife should be ordered to pay an amount equal to any payments she made towards her own legal fees and expenses to the husband's solicitors. The court was also required to determine the scope of any such order, particularly whether it should apply to costs incurred prior to the making of the order.
Loughnan J made an order requiring the wife to pay to the husband's solicitors the same amount of money as she paid for her own solicitor's fees and associated expenses, within seven days of such payment. This order was specifically limited to exclude any accounts or invoices for profit costs or disbursements relating to work or payments made before the date of the order. The court further ordered that the wife's Amended Application in a Case and her Response be dismissed, with the question of the parties' costs being reserved.
The central legal issue before the court was whether the wife should be ordered to pay an amount equal to any payments she made towards her own legal fees and expenses to the husband's solicitors. The court was also required to determine the scope of any such order, particularly whether it should apply to costs incurred prior to the making of the order.
Loughnan J made an order requiring the wife to pay to the husband's solicitors the same amount of money as she paid for her own solicitor's fees and associated expenses, within seven days of such payment. This order was specifically limited to exclude any accounts or invoices for profit costs or disbursements relating to work or payments made before the date of the order. The court further ordered that the wife's Amended Application in a Case and her Response be dismissed, with the question of the parties' costs being reserved.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Costs
-
Remedies
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Kartal & Dutsanee [2016] FamCA 1158
Most Recent Citation
Western Australian Rural Counselling Association Inc v Minister for Agriculture, Fisheries and Forestry [2008] FCA 986
Cases Citing This Decision
9
SHELBOURNE & SHELBOURNE
[2018] FamCA 1135
RYDER & BONHAM
[2017] FamCA 979
Faalogo v Minister for Immigration
[2016] FCCA 2556
Cases Cited
5
Statutory Material Cited
1
Richtoll Pty Ltd v WW Lawyers (in Liquidation) Pty Ltd (No 2)
[2016] NSWSC 578
Moroni & Moroni
[2014] FamCA 664
NIU & ZHAI
[2015] FamCA 599