FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
McLaughlin & McLaughlin (No 2) [2023] FedCFamC2F 1440
File number(s): SYC 3839 of 2022 Judgment of: DEPUTY CHIEF JUDGE MCCLELLAND Date of judgment: 9 November 2023 Catchwords: FAMILY LAW – COSTS – Review of an arbitral award – Application for stay and enforcement – Application for indemnity costs – Where the applicant wife was wholly unsuccessful in the proceedings – Applicant wife ordered to pay respondent husband’s costs in a fixed sum Legislation: Family Law Act 1975 (Cth) s 117
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 12.17
Cases cited: Byrnes v Brisconnections Management Co Ltd (No 2) [2009] FCA 1432
Colgate-Palmolive v Cussons Pty Limited (1993) 46 FCR 225; [1993] FCA 801
Collins and Collins (1985) FLC 91-603; [1985] FamCA 15
D & D (Costs) (No 2) (2010) FLC 93-435; [2010] FamCAFC 64
Fitzgerald (as Child Representative for A (Legal Aid Commission of Tasmania) v Fish (2005) 191 FLR 294; [2005] FamCA 158
Kohan and Kohan (1993) FLC 92-340; (1992) 112 FLR 151
McLaughlin & McLaughlin [2023] FedCFamC2F 1160
McLaughlin & McLaughlin (No 2) [2023] FedCFamC1F 516
Penfold v Penfold (1980) 144 CLR 311; [1980] HCA 4
Prantage v Prantage (Costs) [2014] FamCA 850
Stoian v Fiening (Costs) [2014] FamCA 944
Wagner & Oakley [2023] FedCFamC1F 687
Division: Division 2 Family Law Number of paragraphs: 19 Date of last submissions: 26 September 2023 Date of hearing: Determined on the papers Place: Sydney Solicitor for the Applicant: Santone Lawyers Counsel for the Respondent: Mr Heazlewood Solicitor for the Respondent: John & Co Lawyers ORDERS
SYC 3839 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS MCLAUGHLIN
Applicant
AND: MR MCLAUGHLIN
Respondent
ORDER MADE BY:
DEPUTY CHIEF JUDGE MCCLELLAND
DATE OF ORDER:
9 NOVEMBER 2023
THE COURT ORDERS THAT:
1.Within 28 days of the date of these orders, the applicant is to pay the costs of the respondent in and in connection with proceedings SYC 3839 of 2022 in both the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) in the fixed sum of $27,381.64.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that…
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- McLaughlin & McLaughlin (No 2) [2023] FedCFamC2F 1440
- Case
- [2023] FedCFamC2F 1440
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CaseChat Overview and Summary
Deputy Chief Judge McClelland, in delivering the court's judgment, noted that the applicant had been entirely unsuccessful in her application. The court considered the statutory provisions under the Family Law Act 1975 (Cth) that permit the awarding of costs in such circumstances. The court reasoned that the applicant's failure to succeed in her application warranted a costs order against her. The judge assessed the amount of costs to be awarded, taking into account the complexity of the issues, the time spent by the respondent's legal team, and the overall outcome of the proceedings. The court found that the costs incurred by the respondent amounted to $27,381.64, which the applicant was ordered to pay within 28 days.
In light of the above, the court made an order that Ms McLaughlin was to pay the costs of the respondent in the fixed sum of $27,381.64. This order reflects the court's determination that the applicant should bear the costs associated with the proceedings due to her unsuccessful application for enforcement of the arbitral award. The form of the order is subject to the entry in the Court’s records and can be reviewed or varied as necessary under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Orders
Orders of the court
SYC 3839 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS MCLAUGHLIN
Applicant
AND:
MR MCLAUGHLIN
Respondent
ORDER MADE BY:
DEPUTY CHIEF JUDGE MCCLELLAND
DATE OF ORDER:
9 NOVEMBER 2023
THE COURT ORDERS THAT:
1. Within 28 days of the date of these orders, the applicant is to pay the costs of the respondent in and in connection with proceedings SYC 3839 of 2022 in both the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) in the fixed sum of $27,381.64.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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