FAMILY COURT OF AUSTRALIA
| LOTTA & LOTTA (NO 3) | [2015] FamCA 695 |
| FAMILY LAW – COSTS – where the wife successful in her application for enforcement of interim spouse maintenance – where the wife substantially successful – where the wife seeks costs on an indemnity or party/party basis – where relevant factors under s 117 of the Family Law Act 1975 (Cth) considered – where principles underlying an award for indemnity costs considered – where order made for costs on a party/party basis. |
| Family Law Act 1975 (Cth) ss 117, 117AA, 117AC, 118 Family Law Rules 2004 (Cth) rr 19.08, 19.18 |
Colgate-Palmolive Company and Colgate-Palmolive Pty Limited v Cussons Pty Limited [1993] FCA 536
D & D (Costs) (No. 2) [2010] FamCAFC 64
Fennessy & Gregorian [2009] FamCAFC 44
Limousin & Limousin [2007] FamCAFC 1178
PBF as Child Representative for AF (Legal Aid Commissioner of Tasmania) & TRF & LKL (2005) 33 Fam LR 123
Penfold v Penfold (1980) 144 CLR 311.
Yunghanns & Ors & Yunghanns & Ors & Yunghanns [2000] FamCA 681
| APPLICANT: | Ms Lotta |
| RESPONDENT: | Mr Lotta |
| FILE NUMBER: | PAC | 3435 | of | 2013 |
| DATE DELIVERED: | 21 August 2015 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 12 June 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Beck |
| SOLICITOR FOR THE APPLICANT: | Thurlow Fisher Lawyers & Consultants |
| SOLICITOR FOR THE RESPONDENT: | Samuel Jones Legal Services |
Orders
That the husband pay 80 per cent of the wife’s costs of and incidental to the Enforcement Application filed on 5 February 2015, including this costs application, on a party/party basis as agreed between the parties within one month of this order or as assessed.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Lotta & Lotta (No 3) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: PAC 3435 of 2013
| Ms Lotta |
Applicant
And
| Mr Lotta |
Respondent
REASONS FOR JUDGMENT
On 17 July 2015 reasons for judgment were delivered in relation to the wife’s application for enforcement of an order for spousal maintenance made on 14 November 2013 (Lotta & Lotta (No 2) [2015] FamCA 551).
Orders were made in the following terms:
(1)That the amount owing by the husband to the wife by way of spousal maintenance as ordered on the 14 November 2013 is $14,800.
(2)That the husband pay $14,800 within 14 days from this date to the wife or as she may otherwise direct the husband in writing.
(3)In default of the husband paying the sum provided for in Order 2 the wife is appointed trustee for sale of the whole of husband’s public company shareholdings in IAG and AMP at the best price reasonably obtainable and for the purposes of this order the said shares shall vest in the wife and the wife shall thereupon pay the proceeds of sale as follows:
(a) In payment of $14,800…
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- Lotta and Lotta (No 3) [2015] FamCA 695
- Case
- [2015] FamCA 695
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the apportionment of costs between the parties. Specifically, the court was required to determine the extent to which the husband should be ordered to pay the wife's costs associated with the Enforcement Application and the costs application.
Foster J ordered that the husband pay 80 per cent of the wife's costs of and incidental to the Enforcement Application filed on 5 February 2015, including the costs of the costs application. These costs are to be paid on a party/party basis, either as agreed between the parties within one month of the order or as assessed by the court.
Orders
Orders of the court
1.
That the husband pay 80 per cent of the wife’s costs of and incidental to the Enforcement Application filed on 5 February 2015, including this costs application, on a party/party basis as agreed between the parties within one month of this order or as assessed.
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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