Melvin and Melvin (No.2)
Case
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[2019] FCCA 365
•5 February 2019
Details
AGLC
Case
Decision Date
Melvin and Melvin (No.2) [2019] FCCA 365
[2019] FCCA 365
5 February 2019
CaseChat Overview and Summary
In *Melvin and Melvin (No.2)*, Judge Harland considered the distribution of funds arising from the sale of a property and related legal costs. The dispute involved the mother and father, with the court tasked with determining how a payment of $149,000, to be made by the mother to the father, should be allocated. This allocation was to take into account prior orders regarding property division and legal fees.
The court was required to determine the priority of payments from the $149,000 sum. Specifically, it needed to decide how to address the mother's entitlement to a portion of the funds, the outstanding legal costs owed to Robinson Gill Lawyers, and the remaining balance due to the father. Additionally, the court considered applications for further costs and the provision of legal documents to the Victoria Police. The proceedings also involved parenting matters, including the suspension of the father's time with the children and the independent representation of the children.
Judge Harland ordered that the $149,000 be distributed in a specific order of priority. First, the mother was to receive $6,442.28 plus her costs of $3,361, totalling $9,803.28. Second, Robinson Gill Lawyers were to be paid their outstanding sum of $47,738.75, plus $1,500 for costs associated with an enforcement application. The remaining balance was to be paid to the father. The court also ordered that Robinson Gill Lawyers provide a withdrawal of caveat at settlement, with the father to bear the cost of this withdrawal, to be deducted from the balance owing to him. Leave was granted for the mother to file an application for further costs, with submissions to be exchanged between the parties. The father's time with the children was suspended until further order, and the children were to be independently represented, with specific directions given to the independent children's lawyer. Leave was also granted for the applicant and her legal representatives to provide an affidavit to the Victoria Police for viewing.
The court was required to determine the priority of payments from the $149,000 sum. Specifically, it needed to decide how to address the mother's entitlement to a portion of the funds, the outstanding legal costs owed to Robinson Gill Lawyers, and the remaining balance due to the father. Additionally, the court considered applications for further costs and the provision of legal documents to the Victoria Police. The proceedings also involved parenting matters, including the suspension of the father's time with the children and the independent representation of the children.
Judge Harland ordered that the $149,000 be distributed in a specific order of priority. First, the mother was to receive $6,442.28 plus her costs of $3,361, totalling $9,803.28. Second, Robinson Gill Lawyers were to be paid their outstanding sum of $47,738.75, plus $1,500 for costs associated with an enforcement application. The remaining balance was to be paid to the father. The court also ordered that Robinson Gill Lawyers provide a withdrawal of caveat at settlement, with the father to bear the cost of this withdrawal, to be deducted from the balance owing to him. Leave was granted for the mother to file an application for further costs, with submissions to be exchanged between the parties. The father's time with the children was suspended until further order, and the children were to be independently represented, with specific directions given to the independent children's lawyer. Leave was also granted for the applicant and her legal representatives to provide an affidavit to the Victoria Police for viewing.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Procedural Fairness
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Jurisdiction
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Injunction
Actions
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Citations
Melvin and Melvin (No.2) [2019] FCCA 365
Cases Citing This Decision
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