FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Lundquist & Lundquist (No 2) [2024] FedCFamC1A 235
Appeal from: Lundquist & Lundquist (No 2) [2024] FedCFamC2F 1002 Appeal number: NAA 195 of 2024 File number: SYC 7577 of 2022 Judgment of: RIETHMULLER J Date of judgment: 12 December 2024 Catchwords: FAMILY LAW – APPEAL – COSTS – Appellant wholly unsuccessful – Respondent seeking indemnity costs – Where the respondent is relying on an offer – Whether the offer constitutes a genuine attempt to compromise – Appellant to pay the respondent’s costs in a fixed sum. Legislation: Family Law Act 1975 (Cth) s 117 Cases cited: Adamo & Vinci (No 5) [2024] FedCFamC1F 172
Bakshi & Mahanta (No 2) [2022] FedCFamC1A 90
Colgate-Palmolive Co and Another v Cussons Pty Ltd (1993) 118 ALR 248; [1993] FCA 801
Falk and Falk (1977) FLC 90-247; [1977] FamCA 46
Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania)) v Fish (2005) 33 Fam LR 123; [2005] FamCA 158
Leichhardt Municipal Council v Green [2004] NSWCA 341
Lundquist & Lundquist [2024] FedCFamC1A 219
Lundquist & Lundquist(No 3) [2024] FedCFamC2F 1556
RAF & MMF [2005] FamCA 497
Roydon & Roydon [2024] FedCFamC1A 105
SMEC Testing Services Pty Ltd v Campbelltown City Council [2000] NSWCA 323
Number of paragraphs: 14 Date of hearing: 6 December 2024 Place: Parramatta The Appellant: Litigant in person Solicitor for the Respondent: Cominos Family Lawyers ORDERS
NAA 195 of 2024
SYC 7577 of 2022FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MS LUNDQUIST
Appellant
AND: MR LUNDQUIST
Respondent
ORDER MADE BY:
RIETHMULLER J
DATE OF ORDER:
12 DECEMBER 2024
THE COURT ORDERS THAT:
1.That the appellant pay the respondent’s costs of and incidental to the appeal in the sum of $12,000.
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 the pseudonym Lundquist & Lundquist has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
RIETHMULLER J:
INTRODUCTION
The appellant appealed against a Divorce Order made in late June 2024. The appeal was dismissed: see Lundquist & Lundquist [2024] FedCFamC1A 219. The respondent sought costs orders, however, submissions as to costs could not be made in advance of the appeal…
Continue reading Lundquist & Lundquist (No 2)
Sign in free to access the full text
- AGLC
- Lundquist & Lundquist (No 2) [2024] FedCFamC1A 235
- Case
- [2024] FedCFamC1A 235
- Decision Date
CaseChat Overview and Summary
The court examined the circumstances under which indemnity costs could be awarded, particularly focusing on the principle that a party who is wholly unsuccessful in an appeal should pay the other party's costs. The court noted that the appellant had not demonstrated that her appeal had any reasonable prospect of success. Additionally, the court found that the respondent's offer did not amount to a genuine attempt to compromise, which further supported the respondent's position for indemnity costs.
In light of these considerations, the court concluded that the appellant should pay the respondent's costs in the sum of $12,000. The court reasoned that the appellant's lack of success in the appeal and the absence of a genuine attempt to compromise justified the imposition of indemnity costs. The court emphasised that the statutory criteria for divorce had been met, and there was no discretion to refuse the divorce once these criteria were established.
The court's final order required the appellant to pay the respondent's costs of and incidental to the appeal in the sum of $12,000. This order reflected the court's determination that the appellant should bear the costs due to her unsuccessful appeal and the absence of a genuine attempt to compromise. The form of the order was subject to review and possible variation as per the relevant court rules.
Orders
Orders of the court
NAA 195 of 2024
SYC 7577 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MS LUNDQUIST
Appellant
AND:
MR LUNDQUIST
Respondent
ORDER MADE BY:
RIETHMULLER J
DATE OF ORDER:
12 DECEMBER 2024
THE COURT ORDERS THAT:
1. That the appellant pay the respondent’s costs of and incidental to the appeal in the sum of $12,000.
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
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.