FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Letchford & Havel (No 4) [2025] FedCFamC2F 826
File number(s): ADC 2366 of 2022 Judgment of: JUDGE DICKSON Date of judgment: 20 June 2025 Catchwords: FAMILY LAW – COSTS – Parenting and property proceedings – Costs application filed by the Applicant following final hearing – Where the First Respondent and Second Respondents oppose the application – Where the First Respondent and Second Respondents are self-represented – Consideration of the factors set out in section 117(2A) – Where the Applicant received a section 102NA grant of legal aid partway through the proceedings and was previously privately represented – Where the Applicant seeks costs that pre-date the grant of legal aid – Where the First and Second Respondents failed to accept reasonable offers of settlement – Where the Respondents have the financial means to meet a costs order – Order for costs in relation to property applications only – Costs to be paid to the Applicant by the First and Second Respondents at scale. Legislation: Family Law Act 1975 (Cth) s 117.
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 12.17.
Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth) Sch 1.
Cases cited: Browne & Greene (2002) FLC 93-115
Cooper & Oakley (No 2) [2012] FamCAFC 187
Cross & Beaumont [2008] 39 FamLR 389
D & D (Costs) (No 2) (2010) FLC 93-435
Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania)) v FISH and Another (2005) 33 Fam LR 123
In the Marriage of P J and V Pennisi (1997) 22 Fam LR 249
JEL v DDF (2001) 28 FamLR 119
Letchford & Havel (No 3) [2024] FedCFamC2F 1509
Nada & Nettle (Costs) (2014) FLC 93-612
Pascoe & Larson(No 2) [2022] FedCFamC1A 126
Penfold & Penfold (1980) 144 CLR 311
Whisprun Pty Ltd v Dixon (2004) 200 ALR 447
Division: Division 2 Family Law Number of paragraphs: 79 Date of hearing: 6 June 2025 Place: Adelaide Counsel for the Applicant: J. Dillon Solicitor for the Applicant: ASW Lawyers The First Respondent: Self-represented The Second Respondents: Self-represented ORDERS
ADC 2366 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS LETCHFORD
Applicant
AND: MR HAVEL
First Respondent
AND: MRS HAVEL and MR K HAVEL
Second Respondents
ORDER MADE BY:
JUDGE DICKSON
DATE OF ORDER:
20 JUNE 2025
THE COURT ORDERS THAT:
1.Mr Havel do pay Ms Letchford’s legal costs and disbursements fixed in the sum of $24,689.23 within 60 days of the date of this Order.
2.Mrs Havel and Mr K Havel do pay Ms Letchford’s legal costs and disbursements fixed in the sum of $14,330.58 within 60 days of this Order.
3.Mr Havel do pay Ms Letchford’s legal costs in relation to the Amended Application in a Proceeding filed 4 February 2025 fixed in the sum of $3,529.52 within 60 days of this Order.
4.Mrs Havel and Mr K Havel do pay Ms Letchford’s legal…
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- AGLC
- Letchford & Havel (No 4) [2025] FedCFamC2F 826
- Case
- [2025] FedCFamC2F 826
- Decision Date
CaseChat Overview and Summary
The court was required to consider the factors set out in section 117(2A) of the Family Law Act 1975 (Cth) in determining whether to make an order for costs and, if so, the amount of the order. The Applicant had received a section 102NA grant of legal aid partway through the proceedings and was previously privately represented. The First and Second Respondents were self-represented throughout the proceedings and opposed the application for costs. The court also considered whether the First and Second Respondents had failed to accept reasonable offers of settlement and whether they had the financial means to meet a costs order.
The court found that the First and Second Respondents had failed to accept reasonable offers of settlement and that they had the financial means to meet a costs order. The court considered that the Applicant was entitled to costs for the property applications only, and that the amount of the costs should be fixed at scale. The court also considered that the Applicant was entitled to costs in relation to an Amended Application in a Proceeding filed 4 February 2025. The court made an order for costs in the sum of $24,689.23 to be paid by the First Respondent and $14,330.58 to be paid by the Second Respondents in relation to the property applications. The court also made an order for costs in the sum of $3,529.52 to be paid by the First Respondent and $7,059 to be paid by the Second Respondents in relation to the Amended Application in a Proceeding filed 4 February 2025.
The court dismissed all extant applications and noted that the form of the order is subject to the entry in the Court’s records. The court also noted that the copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors or to record a variation to the order. The court emphasised the importance of complying with Part XIVB of the Family Law Act 1975 (Cth), which makes it an offence to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Orders
Orders of the court
ADC 2366 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS LETCHFORD
Applicant
AND:
MR HAVEL
First Respondent
AND:
MRS HAVEL and MR K HAVEL
Second Respondents
ORDER MADE BY:
JUDGE DICKSON
DATE OF ORDER:
20 JUNE 2025
THE COURT ORDERS THAT:
1. Mr Havel do pay Ms Letchford’s legal costs and disbursements fixed in the sum of $24,689.23 within 60 days of the date of this Order.
2. Mrs Havel and Mr K Havel do pay Ms Letchford’s legal costs and disbursements fixed in the sum of $14,330.58 within 60 days of this Order.
3. Mr Havel do pay Ms Letchford’s legal costs in relation to the Amended Application in a Proceeding filed 4 February 2025 fixed in the sum of $3,529.52 within 60 days of this Order.
4. Mrs Havel and Mr K Havel do pay Ms Letchford’s legal costs in relation to the Amended Application in a Proceeding filed 4 February 2025 fixed in the sum of $7,059 within 60 days of this Order.
5. All extant applications are hereby dismissed.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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