Kyle & Kyle

[2022] FedCFamC1F 251

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Kyle & Kyle [2022] FedCFamC1F 251

File number(s):

SYC 4454 of 2018

Judgment of:

WILSON J

Date of judgment:

27 April 2022

Catchwords:

FAMILY LAW – ARBITRATION – costs application – offers of compromise – Agosti & Agosti considered –  application dismissed.

Legislation:

Family Law Act 1975 (Cth) s 117(1)-(2)

Cases cited:

Agosti & Agosti [2021] FedCFamC1F 72

In the Marriage of Hogan (1985) 10 Fam LR 453

Division:

Division 1 First Instance

Number of paragraphs:

19

Date of last submissions:

29 March 2022

Date of hearing:

On the papers 

Place:

Melbourne

Counsel for the Applicant:

Mr D. Dura

Solicitor for the Applicant:

Karras Partners Lawyers

Counsel for the Respondent:

Mr S. Schonell

Solicitor for the Respondent:

The Norton Law Group

ORDERS

SYC 4454 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR KYLE

Applicant

AND:

MS KYLE

Respondent

ORDER MADE BY:	WILSON J
DATE OF ORDER:	27 APRIL 2022

THE COURT ORDERS THAT:

1.The wife’s application in a proceeding filed 1 March 2022 is dismissed.  

2.Each party must bear her and his own costs of the proceeding, the arbitration and this application under s 117(1) of the Family Law Act.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Kyle & Kyle is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

WILSON J

1. By orders made 11 March 2022 the parties were invited to make submissions on costs and I indicated that a decision on costs would thereafter be made on the papers.  These are my reasons for ordering that each party bears his and her own costs of the proceeding, of the arbitration and of this application.

2. Each party propounded opposing costs applications.  In the wife’s application in a proceeding filed 1 March 2022, she sought the following orders –

   (1)That the Husband pay the Wife's costs and disbursements incurred by her in the matter from 23 March 2021 assessed in accordance with Schedule 3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

   (2)The Husband reimburse to the Wife half of the costs of the Arbitration.

   (3)That Husband pay the Wife's costs of and incidental to this Application.

3. In the husband’s response to the wife’s application in a proceeding, he…