McDermott and McDermott

[2017] FamCA 619

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

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.

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

1. 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.

2. 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…