McCarthy and Kaminski and Anor (No 2)
Case
•
[2013] FamCA 661
•5 September 2013
Details
AGLC
Case
Decision Date
McCarthy and Kaminski and Anor (No 2) [2013] FamCA 661
[2013] FamCA 661
5 September 2013
CaseChat Overview and Summary
In *McCarthy and Kaminski and Anor (No 2)*, Kent J of the Federal Circuit Court of Australia considered an application for costs following earlier proceedings. The applicant sought costs against an intervener in relation to various stages of the litigation.
The primary legal issue before the court was the apportionment of costs between the applicant and the intervener, specifically determining the proportion of the applicant's costs that the intervener should be ordered to pay. This involved considering the extent to which the intervener's participation in the proceedings had necessitated those costs.
Kent J ordered that the intervener pay three-fifths of the applicant's costs incurred from 6 February 2012, and three-fifths of further costs related to the proceedings, including the hearing on 27 March 2012. Additionally, the intervener was ordered to pay one-half of the applicant's costs concerning an application filed on 3 May 2013. These costs were to be agreed between the parties or, failing agreement, assessed on a party and party basis in accordance with the *Family Law Rules 2004*.
The primary legal issue before the court was the apportionment of costs between the applicant and the intervener, specifically determining the proportion of the applicant's costs that the intervener should be ordered to pay. This involved considering the extent to which the intervener's participation in the proceedings had necessitated those costs.
Kent J ordered that the intervener pay three-fifths of the applicant's costs incurred from 6 February 2012, and three-fifths of further costs related to the proceedings, including the hearing on 27 March 2012. Additionally, the intervener was ordered to pay one-half of the applicant's costs concerning an application filed on 3 May 2013. These costs were to be agreed between the parties or, failing agreement, assessed on a party and party basis in accordance with the *Family Law Rules 2004*.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
-
Family Law
Legal Concepts
-
Costs
-
Appeal
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
2
Prantage & Prantage
[2013] FamCAFC 105
Knight v FP Special Assets Ltd
[1992] HCA 28