Nottingham & Nottingham and Ors

[2009] FamCA 445

FAMILY COURT OF AUSTRALIA

NOTTINGHAM & NOTTINGHAM AND ORS [2009] FamCA 445

FAMILY LAW – CONSENT ORDERS

Family Law Act 1975 (Cth)

APPLICANT: Ms Nottingham

RESPONDENT: Mr Nottingham

SECOND RESPONDENTS: Mr and Mrs Nottingham (Snr)

THIRD RESPONDENT: D Company Pty Ltd

FILE NUMBER: MLC 7028 Of 2008

DATE DELIVERED: 18 May 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 18 May 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms J.L. Stewart

SOLICITOR FOR THE APPLICANT: Kennedy Wisewoulds

COUNSEL FOR THE RESPONDENT: Mr S.M.Fookes

SOLICITOR FOR THE RESPONDENT: Middletons

COUNSEL FOR THE SECOND AND THIRD RESPONDENTS Mr Mort

SOLICITOR FOR THE SECOND AND THIRD RESPONDENTS Forte Family Lawyers

Orders

1. That there be orders in accordance with the minutes of proposed orders marked Exhibit “A” sealed and attached hereto AND IT IS DIRECTED that such minutes remain upon the Court file.

2. Reserve the costs of both parties.

3. That the solicitor for the wife engross the minutes and deliver them by electronic transmission to my Associate within 7 days.

IT IS NOTED that publication of this judgment under the pseudonym Nottingham & Nottingham and Ors is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER:  MLC 7028 of 2008

MS NOTTINGHAM

Applicant

And

MR NOTTINGHAM

Respondent

And

MR AND MRS NOTTINGHAM (SNR)

Second and Third Respondents

And

D COMPANY PTY LTD

Fourth Respondent

REASONS FOR JUDGMENT

1. This is an application in which the parties have agreed to some interim orders which join the husband's parents in a company.

2. The provisions of s 117 of the Family Law Act 1975 (Cth) govern the question of courts making orders for costs. That section provides that each party bears their own costs, except in circumstances where the Court feels it is justified from departing from that rule.

3. The application by the wife before me today sought to join the parents on the basis of facts which are clearly controversial as between all of the parties.

4. The application initiating the proceedings was filed by the wife in August 2008 and it was only some weeks ago that the matter was transferred by the Federal Magistrates Court to this Court, at which point in time the case took a different turn and the wife, as I have mentioned, sought the parents of the husband be joined.  That precipitated the proceedings before me today.

5. This is a difficult case and one in which I do not feel there is any reason to justify a departure from the normal rule that each party pays their own costs.  Each party's costs are reserved.  I will make orders by consent in terms of the minutes which I have marked as exhibit A.  I will direct the minute remain on the court file and ask the solicitor for the wife to engross within seven days.

I certify that the preceding Five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  27 May 2009