NELLUMS & CLEMEN
Case
•
[2019] FamCA 219
•12 April 2019
Details
AGLC
Case
Decision Date
NELLUMS & CLEMEN [2019] FamCA 219
[2019] FamCA 219
12 April 2019
CaseChat Overview and Summary
In *Nellums & Clemen*, heard by Baumann J, the parties were involved in finalised parenting proceedings that resulted in cross applications for costs. The court considered whether circumstances existed to justify an order for costs in favour of either party.
The primary legal issue before the court was the appropriate disposition of the costs applications, particularly in light of the court's assessment of the circumstances surrounding the proceedings. A secondary issue concerned the timing of any costs order previously made, which had stipulated that the timeframe for payment would be determined at the final hearing.
Baumann J reasoned that, in the absence of circumstances justifying a costs order, the general rule of no order as to costs should apply. However, the court did make an order for a contribution towards the mother's costs in relation to an Application in a Case heard on 24 April 2018. This contribution was fixed at $1,500.
The court ordered that the father pay the sum of $1,500 to the mother within sixty days as a contribution to her costs. Otherwise, there were to be no further orders as to costs.
The primary legal issue before the court was the appropriate disposition of the costs applications, particularly in light of the court's assessment of the circumstances surrounding the proceedings. A secondary issue concerned the timing of any costs order previously made, which had stipulated that the timeframe for payment would be determined at the final hearing.
Baumann J reasoned that, in the absence of circumstances justifying a costs order, the general rule of no order as to costs should apply. However, the court did make an order for a contribution towards the mother's costs in relation to an Application in a Case heard on 24 April 2018. This contribution was fixed at $1,500.
The court ordered that the father pay the sum of $1,500 to the mother within sixty days as a contribution to her costs. Otherwise, there were to be no further orders as to costs.
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
Actions
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Citations
NELLUMS & CLEMEN [2019] FamCA 219
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Casley & Casley (Costs)
[2010] FamCAFC 189
Cachia v Hanes
[1994] HCA 14