Kay and Kay and Anor
Case
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[2017] FCCA 515
•8 March 2017
Details
AGLC
Case
Decision Date
Kay and Kay and Anor [2017] FCCA 515
[2017] FCCA 515
8 March 2017
CaseChat Overview and Summary
In *Kay and Kay and Anor*, the Family Court of Australia considered an application concerning costs following earlier proceedings. The applicant wife sought costs against the respondent husband on an indemnity basis, while the second respondent also had an application for costs.
The primary legal issue before the court was the appropriate order for costs, specifically whether the applicant wife should be awarded costs against the respondent husband on an indemnity basis, and the disposition of the costs applications made by the second respondent and the first respondent against the second respondent.
Judge Altobelli ordered that the respondent husband pay the applicant wife's costs on an indemnity basis, fixed at $130,675, to be paid within one month. The court dismissed the second respondent's application for costs filed on 22 December 2016, and also dismissed the first respondent's application for costs against the second respondent. Furthermore, the court ordered that each party bear their own costs of the specific application before it.
The primary legal issue before the court was the appropriate order for costs, specifically whether the applicant wife should be awarded costs against the respondent husband on an indemnity basis, and the disposition of the costs applications made by the second respondent and the first respondent against the second respondent.
Judge Altobelli ordered that the respondent husband pay the applicant wife's costs on an indemnity basis, fixed at $130,675, to be paid within one month. The court dismissed the second respondent's application for costs filed on 22 December 2016, and also dismissed the first respondent's application for costs against the second respondent. Furthermore, the court ordered that each party bear their own costs of the specific application before it.
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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Appeal
Actions
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Citations
Kay and Kay and Anor [2017] FCCA 515
Most Recent Citation
Lake and Ainsley [2017] FCCA 2109
Cases Cited
2
Statutory Material Cited
2
Kay and Kay and Anor (No.2)
[2016] FCCA 1841
Kay(BY Her Litigation Guardian) and Kay
[2014] FCCA 2797