Milliford and Milliford

[2019] FamCA 128

FAMILY COURT OF AUSTRALIA

MILLIFORD & MILLIFORD [2019] FamCA 128

FAMILY LAW – COSTS – Where the husband sought indemnity costs against the solicitor for the wife – Where the wife had sought a declaration that a divorce order and property orders settled by consent in 1998 were improperly obtained – Where the wife was wholly unsuccessful in her application – Where the conduct of the solicitor did not amount to a “serious dereliction of duty” – Application for indemnity costs dismissed.

Family Law Act 1975 (Cth) s 117(2A).
Family Law Rules 2004 (Cth) r 19.10, 19.11, 19.18

Prantage & Prantage [2013] FamCAFC 105
Colgate-Palmolive Co v Cussons Pty Limited (1993) 118 ALR 248
Re Wilcox, Ex parte Venture Industries Pty Ltd (1996) 72 FCR 151
Hand & Bodilly [2013] FamCAFC 98
Australian Transport Insurance Pty Ltd & Anor v Graeme Phillips Road Transport Insurance Pty Ltd& Ors (1986) 71 ALR 287
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Ltd & Ors (1988) 81 ALR 397
Jachimowicz & Jachimowicz (1986) 10 Fam LR 566

APPLICANT: Ms Milliford

RESPONDENT: Mr Milliford

SECOND RESPONDENT: Mr Thomas

FILE NUMBER: SYF 6832 of 1998

DATE DELIVERED: 11 March 2019

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Rees J

HEARING DATE: 17 January 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Valentin

SOLICITOR FOR THE APPLICANT: W Lawyers

SOLICITOR FOR THE RESPONDENT: Young and Muggleton Lawyers

COUNSEL FOR THE 2^ND RESPONDENT: Mr Valentin

SOLICITOR FOR THE 2^ND RESPONDENT: Mullane & Lindsay Solicitors

Orders

IT IS ORDERED

1. That the husband’s application that the wife’s solicitor pay the costs in relation to the application filed 26 July 2017 be dismissed.

2. That the husband’s application that the wife’s solicitor pay the costs in relation to the application filed 13 February 2018 be dismissed.

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 Milliford & Milliford 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 SYDNEY

FILE NUMBER: SYF 6832 of 1998

Ms Milliford

Applicant

And

Mr Milliford

Respondent

And

Mr Thomas

Second Respondent

REASONS FOR JUDGMENT

1. Ms Milliford (“the wife”) and Mr Milliford (“the husband”) married in 1994. A decree nisi of dissolution of the marriage was pronounced in July 1999 and became absolute in August 1999.

2. Consent orders for property settlement were made by the Family Court of Australia on 10 August 1998.

3. Proceedings were instituted by the wife, acting for herself, by an Initiating Application filed on 6 June 2017 where she sought orders to…