Kendall & Karas & Ors (No. 2)

Case

[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.
Details

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Costs

  • Injunction

  • Stay of Proceedings

  • Remedies

Actions
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Cases Cited

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Statutory Material Cited

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