Lepanto and Lepanto

[2019] FamCA 62

FAMILY COURT OF AUSTRALIA

LEPANTO & LEPANTO [2019] FamCA 62

FAMILY LAW – COSTS – Where husband fails to engage in proceedings – Where necessary for wife to proceed to undefended hearing – Where wife seeks order as to indemnity costs – Where consideration of applicable principles – Where appropriate for an order to be made that the husband pay the wife’s costs in the sum of $30,000.00.

Family Law Act 1975 (Cth) s 117
Family Law Rules 2004 (Cth) r 19.08, 19.18

Beach Petroleum NL v Johnson(No 2) (1995) 135 ALR 160
Colgate-Palmolive Company and Colgate-Palmolive Pty Limited v Cussons Pty Limited [1993] FCA 536
Collins & Collins (1985) FLC 91-603
D & D (Costs) (No 2) [2010] FamCAFC 64
Fennessy & Gregorian [2009] FamCAFC 44
Greedy & Greedy (1982) FLC 91-250
Harris & Dewell & Harris (Costs) [2018] FamCAFC 180
Hawkins & Roe [2012] FamCAFC 77
Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23
Joyce & Fante [2013] FamCAFC 141
Lepanto & Lepanto [2018] FamCA 791
Limousin & Limousin [2007] FamCA 1178
Luadaka & Luadaka (1998) FLC 92-830
Parke & the Estate of the Late A Parke (2016) FLC 93-748
Penfold v Penfold (1980) 144 CLR 311
Yunghanns & Ors & Yunghanns & Ors & Yunghanns [2000] FamCA 681

APPLICANT: Ms Lepanto

RESPONDENT: Mr Lepanto

FILE NUMBER: PAC 398 of 2016

DATE DELIVERED: 14 February 2019

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: By way of written submissions last received on 2 November 2018

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Orr of Cheryl Orr Family Law

RESPONDENT – SELF-REPRESENTED LITIGANT: No Appearance

Orders

1. That the husband within one month from this date pay to the wife or as she may otherwise direct the husband in writing, her costs of and incidental to these proceedings in the sum of $30,000.00.

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

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 398  of 2016

Ms Lepanto

Applicant

And

Mr Lepanto

Respondent

REASONS FOR JUDGMENT

1. The application for determination is the wife’s application for costs arising from final property proceedings that proceeded to an undefended hearing by reason of the husband’s failure to engage in the proceedings.

2. Final orders were made as to property on an undefended basis on 4 October 2018: Lepanto & Lepanto [2018] FamCA 791. Those orders provided:

   (1)That the husband pay by way of spousal maintenance for the…