Kendall & Karas & Ors (No. 2)
Case
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[2014] FamCA 790
•19 September 2014
Details
AGLC
Case
Decision Date
Kendall & Karas & Ors (No. 2) [2014] FamCA 790
[2014] FamCA 790
19 September 2014
CaseChat Overview and Summary
In *Kendall & Karas & Ors (No. 2)*, Aldridge J of the Federal Court of Australia considered an application by the applicant concerning costs awarded to the third respondent. The dispute arose from a contravention application filed on 11 December 2013.
The primary legal issue before the Court was the basis upon which the applicant should pay the third respondent's costs of the contravention application. Additionally, the Court was required to determine whether the enforcement of these costs should be stayed pending the outcome of separate property proceedings between the applicant and the first respondent, and whether the applicant should have liberty to apply for an order that her legal representatives, rather than herself, bear these costs.
Aldridge J ordered that the applicant pay the third respondent's costs of the contravention application on an indemnity basis. This payment was not to be enforced until the conclusion of the property proceedings between the applicant and the first respondent. The Court also granted the applicant liberty to apply within twenty-one days for an order that her legal representatives, rather than she, be liable for these costs, provided notice was given to the other parties and her legal representatives.
The primary legal issue before the Court was the basis upon which the applicant should pay the third respondent's costs of the contravention application. Additionally, the Court was required to determine whether the enforcement of these costs should be stayed pending the outcome of separate property proceedings between the applicant and the first respondent, and whether the applicant should have liberty to apply for an order that her legal representatives, rather than herself, bear these costs.
Aldridge J ordered that the applicant pay the third respondent's costs of the contravention application on an indemnity basis. This payment was not to be enforced until the conclusion of the property proceedings between the applicant and the first respondent. The Court also granted the applicant liberty to apply within twenty-one days for an order that her legal representatives, rather than she, be liable for these costs, provided notice was given to the other parties and her legal representatives.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Costs
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Injunction
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Stay of Proceedings
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Remedies
Actions
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Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Colgate-Palmolive Co v Cussons Pty Ltd
[1993] FCA 536
Colgate-Palmolive Co v Cussons Pty ltd
[1993] FCA 801