Moreton and Moreton (Costs)

Case

[2009] FamCA 51

5 February 2009


Details
AGLC Case Decision Date
Moreton and Moreton (Costs) [2009] FamCA 51 [2009] FamCA 51 5 February 2009

CaseChat Overview and Summary

In *Moreton and Moreton (Costs)*, Murphy J of the Family Court of Australia considered an application for costs following earlier proceedings between the wife and the husband.

The primary legal issue before the Court was whether the wife should be ordered to pay the husband's costs of and incidental to the proceedings from a specific date, and whether the attendance of Senior Counsel was warranted for the costs application.

Murphy J ordered that the wife pay the husband’s costs of and incidental to the proceedings as and from 14 May 2008, and including the costs of and incidental to the instant application for costs. Furthermore, the Court determined that the matter was one proper for the attendance of Senior Counsel, pursuant to Rule 19.50 of the *Family Law Rules 2004*.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

1

Eldred and Eldred (No 2) [2015] FamCA 188
Cases Cited

2

Statutory Material Cited

1

Penfold v Penfold [1980] HCA 4
Browne v Green [2002] FamCA 791