Matthews and Norris (No 2)

[2020] FamCA 741

FAMILY COURT OF AUSTRALIA

MATTHEWS & NORRIS (NO. 2) [2020] FamCA 741

FAMILY LAW – COSTS – Application for costs by the husband – Where the wife opposes such application and seeks costs in her favour – Where the wife did not provide full and frank financial disclosure – Where the wife was unsuccessful in part, as orders were made in the husband’s favour – Where orders sought by the wife were beyond the jurisdiction of the Court – Where both parties made genuine attempts to resolve the matter – Where the wife’s conduct added to the costs of the proceedings – Where circumstances do not justify an order for costs on an indemnity basis – Ordered wife pay husband’s costs on a party/party basis.

Family Law Act 1975 (Cth) s 117

APPLICANT: Mr Matthews

RESPONDENT: Ms Norris

FILE NUMBER: NCC 2226 of 2015

DATE DELIVERED: 4 September 2020         

PLACE DELIVERED: Newcastle

PLACE HEARD: Newcastle

JUDGMENT OF: Cleary J

HEARING DATE: 27 August 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Carty

SOLICITOR FOR THE APPLICANT: Oliver Campbell Heslop Lawyers

THE RESPONDENT: Self-Representing

Orders

1. That the wife pay the costs of the husband on a party/party basis, as assessed in accordance with Schedule 3 of the Family Law Rules 2004 or agreed; as follows, such payments to be made within 28 days of agreement or assessment:

   1.1For the period 15 December 2018 to 20 November 2019 inclusive;

   1.2Of the Application for Costs heard on 27 August 2020.

2. That the wife pay the husband’s costs, reserved on the following dates in the stated amounts, in a total amount of $9350 within 42 days of the date of these orders:

   a.12 July 2017, $2740 [contravention];

   b.4 September 2017, $3300 [contravention];

   c.4 September 2017, $1100 [contempt];

   d.5 October 2018, $2200 [change of venue].

3. The Application in a Case [costs] of the husband filed 5 August 2020 is otherwise dismissed.             

4. The Response to an Application in a Case [costs of the wife filed on 7 August 2020] is dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Matthews & Norris has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER: NCC 2226 of 2015

MR MATTHEWS

Applicant

And

MS NORRIS

Respondent

REASONS FOR JUDGMENT

Introduction

1. This is an application by Mr Matthews (“the husband”) for costs arising from a six day trial in 2019 and for costs in respect of four applications made by the wife between July 2017 and October 2018, reserved on those dates to…