FAMILY COURT OF AUSTRALIA
| MCDERMOTT & MCDERMOTT | [2017] FamCA 619 |
| FAMILY LAW – COSTS – INDEMNITY COSTS – Where application for indemnity costs – Where non-compliance with Rule 19.08(3) – Where application for indemnity costs fails – Where otherwise consideration of general principles – Where compelling circumstances for a departure from the normal rule – Where husband ordered to pay wife’s costs of the proceedings on a party/party basis. |
| Family Law Act 1975 (Cth)s 117 Family Law Rules 2004 (Cth) rr 19.08, 19.18 |
| Hawkins & Roe [2012] FamCAFC 77 Kohan & Kohan (1993) FLC 92-340 McDermott & McDermott [2014] FamCA 245 McDermott & McDermott and Ors [2015] FamCA 87 McDermott & McDermott [2015] FamCA 574 McDermott & McDermott and Ors [2016] FamCA 613 McDermott & McDermott and Ors [2017] FamCA 376 Penfold v Penfold (1980) 144 CLR 311 Prantage & Prantage [2013] FamCAFC 105 |
| APPLICANT: | Mr McDermott |
| RESPONDENT: | Ms McDermott |
| FILE NUMBER: | SYC | 70 | of | 2014 |
| DATE DELIVERED: | 17 August 2017 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 29 February 2016, 1, 2, 3, 4 and 7 March 2016 and 13 December 2016 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Hodgson & Ms Picker |
| SOLICITOR FOR THE APPLICANT: | Hancock Alldis & Roskov Lawyers & Notaries Public |
| COUNSEL FOR THE RESPONDENT: | Mr Lethbridge SC & Ms Eldershaw |
| SOLICITOR FOR THE RESPONDENT: | Campbell Paton & Taylor |
Orders
That the husband pay the wife’s costs of and incidental to the proceedings including this application for costs, such costs to be assessed on a party/party basis, as agreed within one month from this date or otherwise as assessed.
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 McDermott & McDermott 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 PARRAMATTA |
FILE NUMBER: SYC 70 of 2014
| Mr McDermott |
Applicant
And
| Ms McDermott |
Respondent
REASONS FOR JUDGMENT
The application for determination is the wife’s application for costs arising from orders made 19 May 2017 as to final property and parenting: McDermott & McDermott and Ors [2017] FamCA 376.
Orders were made on 17 May 2017 as follows:
PARENTING
(1) That all previous parenting orders be discharged.
(2) That the father and mother have equal shared parental responsibility for the children K born … 2006 and AA born … 2009.
(3) That the children live with the mother.
(4) That the children spend time with the father as agreed between the father and mother in writing such writing to include SMS or email communication and failing…
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- AGLC
- McDermott and McDermott [2017] FamCA 619
- Case
- [2017] FamCA 619
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the quantum and basis of the costs to be awarded to the wife.
Foster J ordered that the husband pay the wife's costs of and incidental to the proceedings, including the costs of the application for costs. These costs were to be assessed on a party/party basis. The parties were given one month to agree on the costs, failing which the costs would be assessed by the court.
Orders
Orders of the court
1.
That the husband pay the wife’s costs of and incidental to the proceedings including this application for costs, such costs to be assessed on a party/party basis, as agreed within one month from this date or otherwise as assessed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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