Kostas and Kostas (No. 2)
Case
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[2018] FamCA 834
•18 October 2018
Details
AGLC
Case
Decision Date
Kostas and Kostas (No. 2) [2018] FamCA 834
[2018] FamCA 834
18 October 2018
CaseChat Overview and Summary
In *Kostas and Kostas (No. 2)*, Rees J of the Family Court of Australia considered an application by the wife for costs following earlier proceedings between the parties. The dispute centred on the quantum of costs to be awarded and the method of securing that payment.
The primary legal issue before the Court was the appropriate amount of costs to be ordered against the husband in favour of the wife, and whether those costs should be secured against the husband's property interests. The Court also had to determine the terms of any security order, including the mechanism for its enforcement.
Rees J ordered the husband to pay the wife $90,000 by way of costs within three months, with interest accruing on any outstanding amount. To secure this payment, the Court ordered that the husband's interest in specific properties be charged, and authorised a Registrar to execute any necessary documents if the husband failed to do so. Order 6 of previous orders made on 18 April 2018 was stayed pending the full payment of the costs and accrued interest.
The primary legal issue before the Court was the appropriate amount of costs to be ordered against the husband in favour of the wife, and whether those costs should be secured against the husband's property interests. The Court also had to determine the terms of any security order, including the mechanism for its enforcement.
Rees J ordered the husband to pay the wife $90,000 by way of costs within three months, with interest accruing on any outstanding amount. To secure this payment, the Court ordered that the husband's interest in specific properties be charged, and authorised a Registrar to execute any necessary documents if the husband failed to do so. Order 6 of previous orders made on 18 April 2018 was stayed pending the full payment of the costs and accrued interest.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Stay of Proceedings
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Remedies
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Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
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