King and King & Ors

Case

[2019] FamCA 135

8 February 2019


Details
AGLC Case Decision Date
King and King & Ors [2019] FamCA 135 [2019] FamCA 135 8 February 2019

CaseChat Overview and Summary

In the matter of *King and King & Ors*, Bennett J of the Family Court of Australia considered an application for costs in parenting proceedings. The dispute involved an application by the mother for costs related to her application filed on 28 July 2017, and costs associated with the proceedings on the day of the hearing. The father also sought to vary or set aside an order made in his absence.

The primary legal issues before the court were whether the father should be ordered to pay the mother's costs in relation to her parenting application, and the quantum of those costs. Additionally, the court had to determine the father's entitlement to apply to vary or set aside an order made in his absence, and whether to grant him leave to do so. The court also addressed a procedural matter concerning the numbering of paragraphs in its reasons for decision and a minor amendment to a specific sentence within those reasons.

Bennett J ordered the father to pay the mother $20,000 for her costs associated with her parenting application filed on 28 July 2017, and a further $1,500 for the costs of the day. The court granted the father leave to apply within 14 days to vary or set aside the orders made. The mother's application in a case filed on 19 October 2018 was dismissed. The court also directed corrections to the numbering of paragraphs in its reasons for decision and a minor amendment to a sentence within paragraph 137.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

King and King & Anor [2018] FamCA 762
Rice & Asplund [1978] FamCA 84