Lett & Lett (No. 2)

[2007] FamCA 878

FAMILY COURT OF AUSTRALIA

LETT & LETT (No. 2) [2007] FamCA 878

FAMILY LAW – Costs

Family Law Act 1975

Applicant: Mr Lett

Respondent: Mrs Lett

File Number: MLF 184 of 2004

Date Delivered: 23 August 2007

Place Delivered: Melbourne (Orders made in Chambers)

Place Heard: Melbourne

Judgment of: Carter J

Hearing date: By way of written submissions
Husband’s submissions filed 12 June 2007
Wife’s submissions filed 22 June 2007

Representation

Solicitor for the Applicant: Caroline Counsel Family Lawyers

Solicitor for the Respondent: Hale & Wakeling

Orders

In Chambers and Upon Reading the Written Submissions

filed by the Parties

IT IS ORDERED:

1. That the wife pay the husband’s costs of and incidental to the proceedings commenced by his applications, both filed 14 May 2007.

2. In the event that the husband and the wife are unable to agree as to the quantum of the husband’s costs by 10 September 2007, such costs be assessed pursuant to Ch 19 of the Family Law Rules 2004.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Carter delivered this day will for all publication and reporting purposes be referred to as Lett & Lett.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 184 of 2004

Mr Lett

Applicant

and

Mrs Lett

Respondent

REASONS FOR JUDGMENT

(Re Costs)

(In Chambers)

1. Mr Lett (for convenience referred to as “the husband”) seeks an order for costs consequent upon Judgment delivered on 29 May 2007.  Mrs Lett (for convenience referred to as “the wife”) resists that application.

Background

1. The husband and the wife are both aged 47 years.  They were married in October 1987 and separated in 2003.  A decree nisi was granted on 27 January 2005.

2. There were three children born of the marriage.  The eldest son is 16 years of age; the middle son is now 14 years of age; and the youngest child is 11 years of age.  All three children attend L College. 

3. Proceedings commenced in this Court in 2004 and final orders were made as to financial and children’s issues by consent of the parties on 11 September 2006.

4. Pursuant to those orders the children spend time with their parents on a week about arrangement and this arrangement continues throughout holiday periods.  Further, the husband and the wife have equal shared parental responsibility for making decisions about the long-term care, welfare and development of the children and are required to consult with each other in writing in respect to any major long-term issue affecting the children.

5. Provision is made in par 8 of the orders for the circumstance in which either parent seeks to take the children on a holiday for more than one week each year out of Melbourne.  Paragraph 8(a) provides that the party seeking to take the children on such a holiday must give notice in writing to the other party as far in advance as practicable, or at the latest 10 weeks (one school term) prior to the requested holiday.  Pursuant to…