Kendling and Kendling

[2008] FamCA 31

FAMILY COURT OF AUSTRALIA

KENDLING & KENDLING AND ORS [2008] FamCA 31

FAMILY LAW – COSTS - Between parties

Family Law Act 1975 (Cth)

Marriage of Poletti (unreported, 2 March 1990)

APPLICANT: Mrs Kendling

RESPONDENT:	Mr Kendling
SECOND RESPONDENT	T Pty Ltd
THIRD RESPONDENT	Jeremy Kendling
FOURTH RESPONDENT	Penelope Kendling
FIFTH RESPONDENT	L Pty Ltd
SIXTH RESPONDENT	A Pty Ltd
SEVENTH RESPONDENT	Mr Z
EIGHTH RESPONDENT	B Ltd
NINTH RESPONDENT	I Pty Ltd
TENTH RESPONDENT	Mr PS
FILE NUMBER:		SYF	2903	of		2003

DATE DELIVERED: 25 January 2008

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Justice O'Ryan

HEARING DATE: 14 December 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Richardson

SOLICITOR FOR THE APPLICANT: Michael Conley Lawyers

COUNSEL FOR THE RESPONDENT: Mr Baron

SOLICITOR FOR THE RESPONDENT: Dorrough Smart Solicitors

Orders

1. By 4.00 pm on 29 February 2008 the Husband pay into the trust account of the Wife’s Solicitors, Messrs Michael Conley Solicitors, the sum of $1,000,000.

2. The determination as to whether the sum referred to in Order 1 hereof be treated as part of the Wife’s entitlement to property settlement, the provision of maintenance for the Wife, or in payment by the Husband of the costs of and incidental to these proceedings, be reserved to the trial judge at the final hearing of these proceedings.

3. Any monies received by or on behalf of the Wife pursuant to Order 1 hereof be utilised on account of the Wife’s costs in prosecuting her claims in these proceedings, including costs (outstanding and future) in relation to solicitors, counsel, accountants, valuers, and other legal costs and disbursements including process servers fees and conduct money.

4. The Wife is to account at the final hearing for monies so received and disbursed

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice O’Ryan delivered this day will for all publication and reporting purposes be referred to as Kendling & Kendling and Ors

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 2903 / of 2003

Mrs Kendling

Applicant

And

T Pty Ltd

Second Respondent

And

Mr Kendling

Third Respondent

And

Penelope Kendling

Fourth Respondent

And

L Pty Ltd

Fifth Respondent

And

A Pty Ltd

Sixth Respondent

And

Mr Z

Seventh Respondent

And

B Ltd

Eighth Respondent

And

I Pty Ltd

Ninth Respondent

And

Mr Pearce

Tenth Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. Before me for hearing is an application for costs filed on 30 November 2007 by Mrs Kendling, who I shall refer to as the Wife.  The Wife is seeking an amount of $1,484,650.  The Respondent is Mr Kendling who I shall refer to as the Husband. 

2. There are pending proceedings for property settlement which were commenced by an amended Response filed by the Wife on 10 March 2006.  In an earlier judgment I set out the final orders sought by each of the Wife and the Husband.

3. There are a number of respondents.  The Second Respondent is T Pty Ltd.  The Third Respondent is Jeremy Kendling.  The Fourth Respondent is…