Khalid & Khalid

[2017] FamCA 409

FAMILY COURT OF AUSTRALIA

KHALID & KHALID AND ANOR [2017] FamCA 409

FAMILY LAW – COSTS

Family Law Act 1975 – s 117

APPLICANT: Ms Khalid

RESPONDENT: Mr Khalid

INTERVENER:  U Lawyers

FILE NUMBER: CAC 128 of 2014

DATE DELIVERED: 7 June 2017

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 7 June 2017

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Heinze, Infinity Legal

SOLICITOR FOR THE RESPONDENT:	Self-representing
SOLICITOR FOR THE INTERVENER:	Mr Routh, as agent, U Lawyers

It is ordered that:

1. The respondent pay the applicant’s and intervener’s costs of one hours attendance at $237.70 per hour and that those costs be paid within a period of 28 days of today’s date.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Khalid & Khalid and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 128 of 2014

Ms Khalid

Applicant

And

Mr Khalid

Respondent

And

U Lawyers
Intervener

EX TEMPORE REASONS FOR JUDGMENT

1. An application is made on behalf of the applicant and the intervener for their costs of today in the sum of one hour in accordance with Schedule 3 of the Family Law Rules 2004, the relevant item being $237.70 per hour.

2. In this matter the matter was listed for 9:30am in order to progress the matter for the resolution of the children’s proceedings and the property proceedings.  The matter had been listed to consider what further steps were required to be taken. 

3. On the previous occasion on 8 May 2017 orders were made for the filing of a Financial Statement by Mr Khalid.  Mr Khalid filed a Financial Statement but failed to serve it upon the intervener.  While excused from the proceedings, the intervener has attended today to secure the Financial Statement being provided to the intervener.  On the same day Mr Khalid was directed to make disclosure of financial matters.  While he was partially compliant he was not fully compliant with Order 4 made on the last occasion.  In particular, he failed to provide documents supportive of debts that he states that he owes and it appears that he may not have provided all bank statements, although that is a contentious matter at present.  Further, Mr Khalid did not file the response in respect of the children’s proceedings that he was directed to.  The failures in respect of the filing of a response and the failure to provide financial disclosure have caused me to relist the matter for further directions on 14 July 2017 in order to allow those steps to take place.

4. Accordingly, the time taken on today’s matter has been wasted. Section 117 of the Family Law Act 1975 states that parties are to bear their own costs unless a departure from that Rule is justified by the matters set out in s 117(2). The matters which have been identified to me by the parties relate to the question of compliance with the orders of 8 May 2017.

5. I formed the view that the failure of the respondent to comply with the previous orders have caused further proceedings to be necessary and caused the waste of these proceedings today.  Under those circumstances, it is appropriate that Mr Khalid pay the applicant’s and intervener’s costs of one hours attendance at $237.70 per hour and that those costs be paid within a period of 28 days of today’s date.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Gill delivered on 7 June 2017.

Associate: 

Date:  7 June 2017