Newett & Newett (No 5) - [2024] FedCFamC1F 606

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Newett & Newett (No 5) [2024] FedCFamC1F 606

File number(s): BRC 2179 2018

Judgment of: BAUMANN J

Date of judgment: 10 September 2024

Catchwords: FAMILY LAW – Costs – Where the parties have been involved in significant litigation for over five years – Costs order made fixed in the sum of $24,000

Legislation:
Family Law Act 1975 (Cth) ss 65DAAA, 117

Federal Circuit and Family Court of Australia (Family Law Rules) 2021 (Cth) rr 12.13, 12.17, 15.06

Cases cited:
Buckley & Buckley (2013) FamCAFC 150

Newett & Newett (No 9) (2023) FLC 94-133

Newett & Newett (No 8) (2023) FLC 94-128

Newett & Newett (No 4) [2022] FedCFamC1F 624

Newett & Newett (No 2) [2022] FedCFamC1F 439

Newett & Newett (No 5) [2021] FamCA 383

Newett & Newett & Anor (No 6) [2020] FamCA 1056

Division: Division 1 First Instance

Number of paragraphs: 57

Date of last submission/s: 13 August 2023

Date of hearing: On the papers in chambers

Place: Brisbane

Solicitor for the Applicant: Damien Greer Lawyers

Solicitor for the Respondent: Litigant in person
ORDERS

BRC 2179 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MR NEWETT

Applicant

AND:
MS NEWETT

Respondent

ORDER MADE BY:

BAUMANN J

DATE OF ORDER:

10 SEPTEMBER 2024

THE COURT ORDERS:
1.That paragraphs 3 to 5 inclusive of the Respondent’s amended Response filed 23 July 2024 be dismissed.
2.That the Respondent wife shall pay a contribution to the costs of the Applicant husband for the proceedings fixed in the total sum of $24,000 payable within sixty (60) days.
3.That all outstanding Applications and Responses be otherwise dismissed.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Newett & Newett has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
BAUMANN J
INTRODUCTION

Between March 2018 and final costs submissions filed by the mother on 13 August 2023, the Applicant father, Mr Newett (“the father”), and the Respondent mother, Ms Newett (“the mother”), were engaged in ongoing litigation in relation to the parenting arrangements for their children X, Y and Z, and also property proceedings.
Without accepting the following numbers are absolutely accurate, the case management history reveals at least:
(a)60 Court events;
(b)two trials before Justice Baumann;
(c)three appeals;
(d)three…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] FedCFamC1F 606
Decision Date: 10 September 2024

CaseChat Overview and Summary

This case involved Mr Newett and Ms Newett, who had been engaged in protracted litigation for over five years. The primary focus of the case was on a costs order, with Mr Newett seeking an assessment of costs against Ms Newett. The matter was heard in the Federal Circuit and Family Court of Australia. The court was required to consider the extensive history of litigation between the parties and to determine whether a costs order should be made, and if so, in what amount. Additionally, the court had to decide on the specific paragraphs in Ms Newett’s amended response that should be dismissed.

The court evaluated the conduct of the parties throughout the litigation process, noting the significant duration and the nature of the disputes. The judge took into account the extensive history of litigation and the financial implications for both parties. Baumann J dismissed certain paragraphs of Ms Newett's amended response but emphasised the importance of bringing the litigation to a close. The court considered the financial positions of both parties and the overall conduct during the proceedings, ultimately deciding that an order for costs was appropriate. The judge fixed the costs at $24,000, which was deemed a fair reflection of the extensive litigation.

Baumann J concluded that the costs incurred by Mr Newett were justifiable given the length and complexity of the proceedings. The court ordered that Ms Newett pay $24,000 within sixty days. The judge also dismissed all other outstanding applications and responses, indicating that the matter should be considered finalised. The form of the order was subject to review to correct any minor errors or to record variations if necessary.

Orders

Orders of the court

BRC 2179 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR NEWETT

Applicant

AND:

MS NEWETT

Respondent

ORDER MADE BY:

BAUMANN J

DATE OF ORDER:

10 SEPTEMBER 2024

THE COURT ORDERS:

1. That paragraphs 3 to 5 inclusive of the Respondent’s amended Response filed 23 July 2024 be dismissed.

2. That the Respondent wife shall pay a contribution to the costs of the Applicant husband for the proceedings fixed in the total sum of $24,000 payable within sixty (60) days.

3. That all outstanding Applications and Responses be otherwise dismissed.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	BRC 2179 2018
Judgment of:	BAUMANN J
Date of judgment:	10 September 2024
Catchwords:	FAMILY LAW – Costs – Where the parties have been involved in significant litigation for over five years – Costs order made fixed in the sum of $24,000
Legislation:	Family Law Act 1975 (Cth) ss 65DAAA, 117 Federal Circuit and Family Court of Australia (Family Law Rules) 2021 (Cth) rr 12.13, 12.17, 15.06
Cases cited:	Buckley & Buckley (2013) FamCAFC 150 Newett & Newett (No 9) (2023) FLC 94-133 Newett & Newett (No 8) (2023) FLC 94-128 Newett & Newett (No 4) [2022] FedCFamC1F 624 Newett & Newett (No 2) [2022] FedCFamC1F 439 Newett & Newett (No 5) [2021] FamCA 383 Newett & Newett & Anor (No 6) [2020] FamCA 1056
Division:	Division 1 First Instance
Number of paragraphs:	57
Date of last submission/s:	13 August 2023
Date of hearing:	On the papers in chambers
Place:	Brisbane
Solicitor for the Applicant:	Damien Greer Lawyers
Solicitor for the Respondent:	Litigant in person

BRC 2179 2018
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MR NEWETT Applicant
AND:	MS NEWETT Respondent

ORDER MADE BY:	BAUMANN J
DATE OF ORDER:	10 SEPTEMBER 2024