Miller and Harrington

Case

[2007] FamCA 1124

31 July 2007


Details
AGLC Case Decision Date
Miller and Harrington [2007] FamCA 1124 [2007] FamCA 1124 31 July 2007

CaseChat Overview and Summary

In the matter of *Miller and Harrington*, heard before Barry J, the dispute concerned applications made by the Mother and Father regarding parenting orders. The Mother had filed two applications, one on 1 March 2006 and another on 13 April 2006, both of which were ultimately dismissed. The proceedings also involved various applications filed by the Father and the Independent Children's Lawyer.

The central legal issues before the court were the determination of the applications made by the Mother and the appropriate orders for costs. The court was required to consider the merits of the Mother's applications and, in light of its decision, to make orders regarding the costs incurred by the parties throughout the proceedings.

Barry J dismissed both of the Mother's applications. In relation to costs, the court ordered that the Mother pay the Father's costs on an indemnity basis for all proceedings that had occurred since the order of Justice Buckley on 8 July 2005. This included the costs associated with a range of applications filed by both parties and the Independent Children's Lawyer, with a specific exclusion for certain annexures to an affidavit filed by the Father.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

1

Miller and Harrington [2009] FamCAFC 12
Cases Cited

0

Statutory Material Cited

0