LEVENTIS & LEVENTIS

Case

[2021] FamCA 251

29 April 2021


Details
AGLC Case Decision Date
LEVENTIS & LEVENTIS [2021] FamCA 251 [2021] FamCA 251 29 April 2021

CaseChat Overview and Summary

In *Leventis & Leventis*, the applicant sought costs against the second and third respondents following an argument on 22 April 2021. The dispute concerned the respondents' assertion of privacy and confidentiality regarding certain information, which the applicant contended was not a maintainable basis for resisting a costs order.

The central legal issue before Wilson J was whether the respondents' claims of privacy and confidentiality constituted a sufficient reason to prevent a costs order being made against them under section 117(2A) of the *Family Law Act 1975* (Cth).

Wilson J determined that the respondents' arguments regarding privacy and confidentiality were not maintainable grounds to avoid a costs order. The court applied the principle that such claims, in the context of the proceedings, did not justify departing from the general rule that costs follow the event. Consequently, the court found it just to make a costs order against the second and third respondents.

The court ordered that the applicant's costs of and incidental to the argument on 22 April 2021 were to be paid by the second and third respondents. These costs were to be assessed by a registrar, with the assessment to be completed by 5 June 2021 and payment made by 1 July 2021.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

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