Lao and Evett
Case
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[2016] FamCA 61
•11 February 2016
Details
AGLC
Case
Decision Date
Lao and Evett [2016] FamCA 61
[2016] FamCA 61
11 February 2016
CaseChat Overview and Summary
In the matter of *Lao and Evett*, Foster J of the Family Court of Australia considered an application concerning costs. The dispute involved a solicitor's claim for costs against the wife.
The primary legal issue before the Court was whether the previous order for costs made on 19 August 2015 should be set aside. The Court was also required to determine the appropriate procedure for the solicitor's application for costs to be heard and determined.
Foster J set aside the previous costs order pursuant to rule 1.11 of the *Family Law Rules 2004* (Cth). The Court directed that the solicitor's application for costs would proceed by way of written submissions, with a timetable set for the filing and service of submissions by both the solicitor and the wife, including any submissions in reply. Judgment as to costs was reserved from the date of the last submissions.
The primary legal issue before the Court was whether the previous order for costs made on 19 August 2015 should be set aside. The Court was also required to determine the appropriate procedure for the solicitor's application for costs to be heard and determined.
Foster J set aside the previous costs order pursuant to rule 1.11 of the *Family Law Rules 2004* (Cth). The Court directed that the solicitor's application for costs would proceed by way of written submissions, with a timetable set for the filing and service of submissions by both the solicitor and the wife, including any submissions in reply. Judgment as to costs was reserved from the date of the last submissions.
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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Appeal
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Procedural Fairness
Actions
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Citations
Lao and Evett [2016] FamCA 61
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