Lasic and Lasic
Case
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[2008] FamCA 80
•14 February 2008
Details
AGLC
Case
Decision Date
Lasic and Lasic [2008] FamCA 80
[2008] FamCA 80
14 February 2008
CaseChat Overview and Summary
In the matter of *Lasic and Lasic*, heard by Coleman J, the proceedings concerned a dispute involving the respondent wife and the trustee of the bankrupt estate of her deceased former husband. The specific nature of the dispute is not detailed, but it involved the trustee's participation in the proceedings.
The central legal issue before the court was the determination of costs. Specifically, the court was required to decide who should bear the costs of the trustee's involvement in the proceedings and on what basis those costs should be assessed. This included whether the standard cost assessment rules under the *Family Law Rules 2004* (Cth) would apply and whether the attendance of counsel was reasonably required.
Coleman J ordered that the respondent wife pay the costs of and incidental to the proceedings of the trustee of the bankrupt estate of the deceased former husband. These costs were to be on a solicitor/client basis, as agreed or assessed under the *Family Law Rules 2004* (Cth), commencing from the date the trustee filed their originating application. The court further ordered that Rule 19.18 of the *Family Law Rules 2004* (Cth) would not apply for the purpose of assessing these costs. Finally, it was certified, pursuant to Rule 19.50 of the *Family Law Rules 2004* (Cth), that the matter reasonably required the attendance of Counsel.
The central legal issue before the court was the determination of costs. Specifically, the court was required to decide who should bear the costs of the trustee's involvement in the proceedings and on what basis those costs should be assessed. This included whether the standard cost assessment rules under the *Family Law Rules 2004* (Cth) would apply and whether the attendance of counsel was reasonably required.
Coleman J ordered that the respondent wife pay the costs of and incidental to the proceedings of the trustee of the bankrupt estate of the deceased former husband. These costs were to be on a solicitor/client basis, as agreed or assessed under the *Family Law Rules 2004* (Cth), commencing from the date the trustee filed their originating application. The court further ordered that Rule 19.18 of the *Family Law Rules 2004* (Cth) would not apply for the purpose of assessing these costs. Finally, it was certified, pursuant to Rule 19.50 of the *Family Law Rules 2004* (Cth), that the matter reasonably required the attendance of Counsel.
Details
Key Legal Topics
Areas of Law
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Family Law
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Insolvency
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Civil Procedure
Legal Concepts
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Costs
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Appeal
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Jurisdiction
Actions
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Citations
Lasic and Lasic [2008] FamCA 80
Most Recent Citation
D & D (Costs) (No 2) [2010] FamCAFC 64
Cases Citing This Decision
2
D & D (Costs) (No 2)
[2010] FamCAFC 64
Garibaldi & Wootten and Anor
[2008] FamCAFC 90
Cases Cited
6
Statutory Material Cited
10
Penfold v Penfold
[1980] HCA 4
Penfold v Penfold
[1980] HCA 4
Limousin v Limousin (Costs)
[2007] FamCA 1178