Lam and Zeng

Case

[2017] FamCA 951

22 November 2017


Details
AGLC Case Decision Date
Lam and Zeng [2017] FamCA 951 [2017] FamCA 951 22 November 2017

CaseChat Overview and Summary

In the matter of *Lam and Zeng*, heard by Watts J, the dispute concerned the implementation of previous orders made on 10 February 2017, specifically relating to property proceedings and costs. The wife had filed an Application in a Case on 9 March 2017, seeking orders in relation to these matters.

The court was required to determine the quantum of costs payable by the husband to the wife in respect of the property proceedings, and to make consequential adjustments to a sum previously ordered to be paid by the wife to the husband. The court also needed to address the mechanism for resolving any disagreement regarding the costs.

Watts J ordered that either party could apply for the implementation of the February 2017 orders on seven days' notice. The husband was ordered to pay the wife's costs for the property proceedings from 8 September 2016 until their conclusion, capped at $12,000. Following the completion of certain responsibilities outlined in the February 2017 orders, the wife's payment to the husband was to be reduced by $12,000, with that sum to be held in trust by the wife's lawyer pending agreement on costs or a further court order. If agreement on costs could not be reached, the wife was to seek a costs assessment, and her lawyer was to pay any difference to the husband if the assessed amount was less than $12,000. There were no orders for costs on the day of this hearing, and the reasons for these orders were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Remedies

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