FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Lund & Whittall (No 3) [2025] FedCFamC1F 287
File number(s): DNC 518 of 2022 Judgment of: BERMAN J Date of judgment: 20 May 2025 Catchwords: FAMILY LAW – COSTS – Where judgment was delivered following final hearing – Where the applicant seeks that the respondent pay costs fixed in the sum of $150,000 on a party/party basis and pay the costs of this application – Where the respondent seeks that the application for costs be dismissed and the applicant pay the costs of this application – Where the applicant asserts that the respondent did not make full and frank disclosure – Section 117(2A) of the Family Law Act 1975 (Cth) – Consideration of the parties’ financial circumstances – Consideration of the parties’ conduct and the offers exchanged – Whether the applicant has been wholly unsuccessful – Costs order. Legislation: Family Law Act 1975 (Cth) s 117.
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 1.04, 6.01, 12.13, 12.17, 15.05.
Cases cited: Bant & Clayton(Costs) [2016] FamCAFC 35,
Briese & Briese (1986) FLC 91-713,
Hadwick & Scadden (2020) FLC 93-973,
Lund & Whittall (No 2) [2025] FedCFamC1F 76,
Martin & Martin & Anor (No 2) [2014] FamCA 232,
Oriolo & Oriolo (1985) FLC 91-653,
Parke & the Estate of the late A Parke [2016] FLC 93-748,
Petrucci & Delos [2017] FamCA 1079.
Division: Division 1 First Instance Number of paragraphs: 77 Date of hearing: 9 April 2025 Place: Adelaide Counsel for the Applicant: Ms V. Farmer Solicitor for the Applicant: AFL Withnalls Lawyers Counsel for the Respondent: Mr K. Tredrea Solicitor for the Respondent: McQueens Solicitors ORDERS
DNC 518 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS LUND
Applicant
AND: MR WHITTALL
Respondent
ORDER MADE BY:
BERMAN J
DATE OF ORDER:
20 MAY 2025
THE COURT ORDERS THAT:
1.Mr Whittall (“the respondent”) do pay Ms Lund’s (“the applicant”) legal fees, costs and disbursements fixed in the sum of FIFTY THOUSAND DOLLARS ($50,000) within twelve (12) months of the date of this Order.
2.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.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS…
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CaseChat Overview and Summary
The court determined that while the non-disclosure by Mr. Whittall was a factor, it did not justify the full amount sought by Ms. Lund. The court found that the applicant had not been wholly unsuccessful and that the costs should be apportioned in a manner that reflected the contributions of both parties to the length and complexity of the proceedings. The court concluded that the respondent should pay one third of the applicant's costs, resulting in a total of $50,000. Additionally, the court granted the respondent 12 months to pay this sum, taking into account his ongoing financial obligations.
The court's final order was that Mr. Whittall pay Ms. Lund $50,000 within 12 months of the date of the order. All other pending applications were dismissed. The form of the order is subject to formal entry in the court's records, and any minor errors in the reasons for judgment may be subject to review or correction under the relevant federal rules.
Orders
Orders of the court
DNC 518 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS LUND
Applicant
AND:
MR WHITTALL
Respondent
ORDER MADE BY:
BERMAN J
DATE OF ORDER:
20 MAY 2025
THE COURT ORDERS THAT:
1. Mr Whittall (“the respondent”) do pay Ms Lund’s (“the applicant”) legal fees, costs and disbursements fixed in the sum of FIFTY THOUSAND DOLLARS ($50,000) within twelve (12) months of the date of this Order.
2. 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
Ratio Decidendi
Legal Principle Established
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