Lonsdale and Trevor (No 3)

Case

[2020] FamCA 1082

16 December 2020


Details
AGLC Case Decision Date
Lonsdale and Trevor (No 3) [2020] FamCA 1082 [2020] FamCA 1082 16 December 2020

CaseChat Overview and Summary

In *Lonsdale and Trevor (No 3)*, the Family Court of Australia considered an application for costs made by the mother against the father. The dispute arose from two applications for contravention filed by the father. The mother sought an order that the father pay her costs on an indemnity basis.

The court was required to determine whether the circumstances justified an order for costs against the father, particularly in light of the outcomes of his contravention applications. Specifically, the court had to consider the success rate of the father's applications, the timing of a settlement proposal, and the overall conduct of the parties in relation to the proceedings.

Justice Berman found that only one count of the father's first application was proven, and the father was wholly unsuccessful on his second application, which was dismissed. Furthermore, a detailed proposal was made to the father on the afternoon prior to the last day of the hearing. Taking these factors into account, the court ordered the father to pay the mother's costs. The father was ordered to pay the mother's solicitors costs fixed in the sum of $6,735.55 within sixty days of the order.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Remedies

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

5

Penfold v Penfold [1980] HCA 4
Harrison v Schipp [2001] NSWCA 13