MERCIER & CALHOUN
Case
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[2018] FamCA 1024
•28 September 2018
Details
AGLC
Case
Decision Date
MERCIER & CALHOUN [2017] FamCA 1024
[2018] FamCA 1024
28 September 2018
CaseChat Overview and Summary
The matter of *Mercier & Calhoun* concerned an application for costs made by Mr Mercier on 11 September 2018, which was subsequently dismissed by the court. The court also addressed the costs associated with a prior hearing on 22 August 2018, including preparatory legal work.
The primary legal issue before the court was the determination of costs. Specifically, the court had to decide whether to grant Mr Mercier's application for costs and how to allocate the costs of the hearing on 22 August 2018.
The court's reasoning, as evidenced by its orders, was to dismiss Mr Mercier's application for costs. Furthermore, the court reserved the costs of the 22 August 2018 hearing and related preparation to the final determination of the proceedings. This approach indicates that the court considered it premature to make a final costs order at that stage, opting instead to defer the decision until all issues in the case had been resolved.
The primary legal issue before the court was the determination of costs. Specifically, the court had to decide whether to grant Mr Mercier's application for costs and how to allocate the costs of the hearing on 22 August 2018.
The court's reasoning, as evidenced by its orders, was to dismiss Mr Mercier's application for costs. Furthermore, the court reserved the costs of the 22 August 2018 hearing and related preparation to the final determination of the proceedings. This approach indicates that the court considered it premature to make a final costs order at that stage, opting instead to defer the decision until all issues in the case had been resolved.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
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Citations
MERCIER & CALHOUN [2017] FamCA 1024
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